IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 Crl.MC.No. 2666 of 2009() ----------------------------------- CC.535/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, HOSDRUG .................... PETITIONER/ACCUSED NO.1: ------------------------------------------ P. GOVINDHAN, SON OF CHIRUKANDAN, P.W.D.CONTRACTOR, PUTHIYADAVAN HOUSE, KARIVALLOOR P.O., KANNUR DISTRICT. BY ADV. MR.ALAN PAPALI MR.SOJAN MICHEAL MR.GILBERT GEORGE CORREYA SMT.DHANYA P.ASHOKAN SMT.ANITHA MATHAI RESPONDENTS/COMPLAINANTS: ------------------------------------------------ 1. THE PLANTATION CORPORATION OF KERALA LIMITED, REPRESENTED BY THE MANAGER, CHEEMENI ESTATE, CHEEMENI, CHEEMENI P.O., KASARAGOD DISTRICT. 2. STATE OF KERALA, (CRIME NO.78/2008 OF CHEEMENI POLICE STATION - CIRCLE INSPECTOR OF POLICE, NEELESHWAR), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. R1 BY ADV. MR.JOSEPH KODIANTHARA, MR.TERRY V.JAMES. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2666 of 2009 -------------------------- ORDER Petitioner is the first accused in C.C.No. 535/2009 on the file of Judicial First Class Magistrate's Court, Hosdrug, taken cognizance on Annexure-I final report for the offences under Sections 120B, 109 and 379 of Indian Penal Code. First respondent is the defacto complainant. Prosecution case is that petitioner, after obtaining tender to cut and remove 7791 Cashew trees and 190 Forest trees from the property of the first respondent in R.S.No.260/141-A-1 at Pilantholi-Nidumba Block, which was taken on lease from the Government, with the connivance and knowledge of accused 2 to 4 and as a result of the conspiracy, illegally cut and removed 51 Casuarina trees and 2 kattukadukka trees valued at Rs.1,76,988/- and thereby committed theft, the alleged offences. This petition is filed under Section 482 of Code of Criminal Procedure contending that subsequently first respondent agreed to settle the dispute after forfeiting the security CRMC 2666/09 2 deposit towards the loss caused and as evidenced by Annexure-II communication sent to the petitioner, security deposit of Rs.4,21,650/- was forfeited and Annexure-III communication shows that the security deposit, which is higher than the loss incurred by the first respondent, was forfeited and the Investigating Officer was informed the factum of settlement by the first respondent and in such circumstances, in the interest of justice, the case is to be quashed. 2. Learned counsel appearing for the petitioner and first respondent and learned Public Prosecutor were heard. 3. The allegation against the petitioner and the other accused is that pursuant to the conspiracy, they cut and removed trees worth Rs.1,76,988/-, which do not come within the ambit of the agreement entered into between the petitioner and first respondent. Annexures- II and III establish that security deposit of Rs.4,21,650/- was forfeited, even though the loss sustained by the first respondent was only Rs.1,76,988/- and due to the settlement, first respondent informed that they have no intention to CRMC 2666/09 3 proceed with the case. 4. Learned counsel appearing for the first respondent submitted that in view of the settlement, they have no objection for quashing the proceedings. Learned Public Prosecutor also submitted that the statement taken establishes that there was a settlement. In such circumstances, it is not in the interest of justice to proceed with the prosecution. Petition is allowed. C.C.No.535/2009 on the file of Judicial First Class Magistrate's Court, Hosdrug as against the accused is quashed. 27th August, 2009 (M.Sasidharan Nambiar, Judge) tkv