High Court Kerala High Court

Sasidharan vs Syiadali on 3 June, 2010

Kerala High Court
Sasidharan vs Syiadali on 3 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 441 of 2010()


1. SASIDHARAN, S/O.KESAVAN, AGED 45 YEARS,
                      ...  Petitioner

                        Vs



1. SYIADALI,S/O.V.S.KOYA,JAIHINDH STREET,
                       ...       Respondent

2. STATE OF KERALA,REP. BY PUBLIC

                For Petitioner  :SRI.JACOB SEBASTIAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :03/06/2010

 O R D E R
                      V.RAMKUMAR, J.
               -------------------------------------
                Crl.M.C. No.441 of 2010
               --------------------------------------
           Dated this the 3rd day of June, 2010

                             ORDER

In this petition filed under Section 482 Cr.P.C, the

petitioner, who is the third accused in Crime No.203/1996 of

the Palakkad Town North Police Station, registered for

offences punishable under Sections 403, 406, 416, 420 read

with 120B IPC and now pending as L.P.No.312/2004 before

the Chief Judicial Magistrate Court, Palakkad, seeks to quash

all further proceedings in the matter on the allegation that the

case arising out of a monitory dispute has been settled

between the de facto complainant and the petitioner as

evidenced by the joint petition dated 11.1.2010. The learned

counsel appearing for the de facto complainant also admitted

that there has been a settlement of the money dispute and that

the complainant has no further grievance in the matter. Since

the dispute relates to a money dispute, which is purely

personal between the parties, I am inclined to apply the ratio

in Madan Mohan Abbot v. State of Punjab 2003 (3) KLT

19 (SC). Accordingly L.P.No.312/2004, pending against the

petitioner before the Chief Judicial Magistrate Court, Palakkad

Crl.M.C. No.441 of 2010
: 2 :

shall stand quashed and the petitioner shall not be proceeded

in connection with Crime No.213/1996 of Palakkad Town

North Police Station. This Criminal M.C is allowed as above.

V.RAMKUMAR, JUDGE

dmb