IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 Crl.MC.No. 2973 of 2010() -------------------------------- CC.219/2002 of JUDL. FIRST CLASS MAGISTRATE COURT, PERINTHALMANNA. .................... PETITIONER(S): /ACCUSED -------------------------------------- 1. V.VIJAYAKUMAR S/O.APPU NAIR, RESIDING AT 32/671 A, SAYEE NAGAR 2ND MAIN ROAD, VIRUGAMPAKKAM, CHENNAI 600 092 TAMILNADU. 2. SUJATHA VIJAYAKUMAR W/O.V.VIJAYAKUMAR RESIDING AT 32/671 A, SAYEE NAGAR 2ND MAIN ROAD, VIRUGAMPAKKAM, CHENNAI 600 092 TAMILNADU. 3. VINOD, S/O.V.VIJAYAKUMAR RESIDING AT 32/671 A, SAYEE NAGAR 2ND MAIN ROAD, VIRUGAMPAKKAM, CHENNAI 600 092 TAMILNADU. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): ------------------------- 1. THE SUB INSPECTOR OF POLICE TOWN NORTH POLICE STATION, PALAKKAD. 2. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 3. C.P.UNNIN S/O.KUNHAMBU, AGED 55 YEARS, ARAKKAMPARAMBU PERINTHALMANNA. R1 & R2 BY PUBLIC PROSECUTOR SRI.P.A.SALIM R3 BY ADV. SRI.O.D.SIVADAS THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 29/09/2010 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.2973 OF 2010 --------------------------------------------- Dated 29th September, 2010 O R D E R Petitioners are the accused and third respondent, the de facto complainant in C.C.219/2002 on the file of Judicial First Class Magistrate's Court, Perinthalmanna, now included in the register of long pending cases as L.P.50/2006. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings pending before the learned Magistrate stating that entire disputes with third respondent, de facto complainant were settled and as the case was included in the long pending register, third respondent filed Annexure-IV petition before Judicial First Class Magistrate, Crmc 2973/10 2 Perinthalmanna reporting that he has settled the dispute and therefore, the case is to be advanced and permitted to be withdrawn. But learned Magistrate did not accept the same and therefore, proceedings pending before the learned Magistrate is to be quashed. In view of Annexure-IV petition filed by the third respondent before the learned Magistrate, notice was issued to third respondent and third respondent appeared through a counsel and supported the prayer for quashing the proceedings. Annexure-III agreement, entered into by the third respondent and first petitioner produced, shows that entire disputes between the petitioners and third respondent were settled and as the offences include non cognizable offence also petition could be filed only before this Court to quash Crmc 2973/10 3 the charge and if it was not permitted third respondent, will not lead evidence against the petitioners. 2. It is under Annexure-II final report learned Magistrate took cognizance of the offence under Sections 417, 419, 420, 465 and 468 read with Section 34 of Indian Penal Code. Prosecution case is that on 6/2/2001 petitioners went to the house of third respondent and promising to give employment in the Palace of Prince of Bruna, induced third respondent to pay Rs.2,00,000/- and thereafter, handed over a forged passport under the guise that it is genuine passport and thereby committed the offences. Annexure-IV petition filed before the learned Magistrate establishes that third respondent has settled the disputes with the petitioners and has no Crmc 2973/10 4 subsisting grievance against the petitioners. In fact third respondent sought to withdraw the prosecution. As the case against the petitioners is purely personal in nature and third respondent has settled the dispute, it is not in the interest of justice to continue the prosecution. Petition is allowed. L.P.50/2006 on the file of Judicial First Class Magistrate's Court, Perinthalmanna is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.