IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 Crl.MC.No. 4776 of 2010() ------------------------- (CRIME NO.642/2009 OF CHENGANOOR POLICE STATION) .................... PETITIONERS/ACCUSED NOS.1 & 2: -------------------------------------------------- 1. MARYKUTTY VARGHESE, AGED 43 YEARS, D/O.K.J.ANTONY, KAITHAKKULATH, AAVADUKKA POST, PERUVANNAMUZHI, KOZHIKODE. 2. K.J.ANTONY, AGED 63 YEARS, S/O.JOSEPH, KAITHAKKULATH, AAVADUKKA POST, PLERUVANNAMUZHI, KOZHIKODE. BY ADV. SRI.MILLU DANDAPANI RESPONDENTS/STATE & DEFACTO COMPLAINANT: ----------------------------------------------------------------------------- 1. STATE OF KERALA (642/2009 OF CHENGANOOR POLICE STATION) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2. THE SUB INSPECTOR OF POLICE, CHENGANOOR POLICE STATION, ALAPPUZHA-688 001. 3. A.E.VARGHESE @ SABU, S/O.A.E.EDICHANDI, AGED 49 YEARS, ARAKKANATTIL HOUSE, PIRALASSERI P.O., CHENGANOOR POLICE STATION LIMIT, ALAPPUZHA DISTRICT-688 001. R1 BY PUBLIC PROSECUTOR, SRI. I.V. PRAMOD R3 BY ADVS. SRI.T.MADHU SRI.T.B.SHAJIMON THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4776 OF 2010 --------------------------------------------- Dated 13th December, 2010 O R D E R Petitioners are the accused and third respondent, the de facto complainant in Crime No.642/2009 of Chengannoor Police Station registered for the offences under Sections 403, 406, 417 and 424 read with Section 34 of Indian Penal Code on Annexure-A FIR based on a complaint filed by the third respondent before Judicial First Class Magistrate's Court, Chengannur and sent for investigation under Section 156(3) of Code of Criminal Procedure. Petition is filed under Section 482 of Code of Criminal Procedure contending that, evidenced by Annexure-B, entire disputes were settled amicably with the third Crmc 4776/10 2 respondent before Family Court, Kannur in O.P.594/2009 and therefore, it is not in the interest of justice to continue the prosecution. 2. Third respondent appeared through a counsel and filed an affidavit stating that entire disputes were settled amicably with the petitioners and consequent to the settlement, he has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, third respondent and learned Public Prosecutor were heard. 4. Under Annexure-A FIR crime was registered for the offences under Sections 403, 406, 417 and 424 read with Section 34 of Indian Penal Code based on a complaint filed third respondent. Affidavit filed by third respondent establishes that entire disputes Crmc 4776/10 3 with the petitioners were settled amicably. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC ) when the offences alleged are purely personal in nature and the entire disputes were settled amicably with the third respondent, it is not in the interest of justice to continue the prosecution. Petition is allowed. Crime No.642/2010 of Chengannoor Police Station is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.