High Court Kerala High Court

Sreekumari V.Alias Kumari Raj vs State Of Kerala on 14 October, 2008

Kerala High Court
Sreekumari V.Alias Kumari Raj vs State Of Kerala on 14 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3583 of 2008()


1. SREEKUMARI V.ALIAS KUMARI RAJ,
                      ...  Petitioner
2. RAJAN T.NAMBIAR, S/O.ACHUTHAN NAMBIAR,

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. P.T.SHEEJISH, S/O.IBRAHIM, PALLIPPATTU

                For Petitioner  :SRIC.M.MOHAMMED IQUABAL

                For Respondent  :SRI.S.SHAJI

The Hon'ble MR. Justice R.BASANT

 Dated :14/10/2008

 O R D E R
                           R.BASANT, J.
                        ----------------------
                     Crl.M.C.No.3583 of 2008
                    ----------------------------------------
             Dated this the 14th day of October 2008

                               O R D E R

The petitioners are accused 1 and 2 in a prosecution for

offences punishable inter alia under Sections 468 and 420 read

with 34 I.P.C. The crux of the charge against the petitioners is

that they, in furtherance of their common intention, fraudulently

issued a cheque on a cheque leaf issued to the second accused

by his Bank on an account which was closed long back. The first

accused allegedly signed the same and thus induced the de facto

complainant to part with an amount of Rs.5,00,000/-. Crime was

registered. Investigation was conducted. Final report was

submitted to the learned Magistrate and cognizance was taken

by the learned Magistrate. The matter is pending before the

learned Magistrate now.

2. At this stage, the petitioners/accused and the second

respondent/complainant have come before this court through

their counsel to report to the court that they have settled all

their outstanding disputes and the second respondent has

compounded the offences allegedly committed by the

petitioners. The second respondent has appeared through

Crl.M.C.No.3583/08 2

counsel. An affidavit duly attested by counsel has been filed by

the second respondent. It is submitted at the Bar also that the

parties have willingly and voluntarily settled their disputes and

the second respondent has compounded the offences allegedly

committed by the petitioners.

3. I am satisfied from the totality of inputs available that

the parties have willingly and voluntarily settled their disputes

and the second respondent has compounded the offences

allegedly committed by the petitioners. If legally possible and

permissible, I am satisfied that the composition can be accepted

and premature termination of the proceedings can be brought

about. But the offence under Section 468 I.P.C is not legally

compoundable under Section 320 Cr.P.C. The learned counsel

for the contestants, in these circumstances, rightly rely on the

decision in Madan Mohan Abbot v. State of Punjab [2008

AIR SCW 2287].

4. Notice was given to the learned Public Prosecutor.

The learned Public Prosecutor submits that the State has no

objection against the quashing of proceedings.

Crl.M.C.No.3583/08 3

5. I am satisfied that the dispute is one which is purely

personal and private between the parties and that no purpose

will be served by unnecessary continuance of the proceedings.

This, I am satisfied, is an eminently fit case where powers under

Section 482 Cr.P.C as enabled by the dictum in Madan Mohan

(Supra) can safely be invoked to bring to premature termination

the prosecution against the petitioners.


      6.    In the result,

      a)    This Crl.M.C is allowed.

      b)    C.C.No.280/2005 of J.F.C.M, Tirur in which the

petitioners are the accused and the second respondent is the de

facto complainant is hereby quashed.

c) Needless to say, the proceedings under Section 446

Cr.P.C, if any, pending against the petitioners and their sureties

shall be disposed of by the learned Magistrate, in accordance

with law.

(R.BASANT, JUDGE)
jsr

Crl.M.C.No.3583/08 4

Crl.M.C.No.3583/08 5

R.BASANT, J.

CRL.M.C.No. of 2008

ORDER

09/07/2008