IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3632 of 2009()
1. PRINCE JOHN,S/O.JOHN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. J.K.THOMAS,S/O.K.C.THOMAS,
3. KOSHI ABRAHAM,S/O.ABRAHAM,
For Petitioner :SRI.S.RAJEEV
For Respondent :SRI.JOSEPH KODIANTHARA
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :02/12/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.No.3632 OF 2009
===========================
Dated this the 2nd day of December,2009
ORDER
Petitioner is the accused and respondents 2 and 3
the de facto complainants in C.C.722/2005 on the file
of Chief Judicial Magistrate Court, Thodupuzha taken
cognizance for the offence under sections 468, 471 and
420 of Indian Penal Code. This petition is filed under
section 482 of the Code of Criminal Procedure to quash
the proceedings contending that the offences alleged
against the petitioner are purely personal in nature as
against respondents 2 and 3 and entire disputes with
respondents 2 and 3 were settled amicably and in such
circumstances, it is not in the interest of justice to
continue the prosecution.
2. Respondents 2 and 3 appeared through a counsel
and filed a compromise petition stating that the entire
disputes were settled on condition of payment of
Rs.12,50,000/- and two cheques for Rs.10,000,00/- and
Rs.2,50,000/- were issued and the former cheque was
encashed and the latter cheque is a post dated cheque
and in such circumstances respondents have no objection
Crl.M.C.3632/2009 2
for quashing the proceedings.
3. Learned counsel appearing for the petitioner,
respondents 2 and 3 and learned Public Prosecutor were
heard.
4. When the offences alleged against the petitioner
are purely personal in nature and there has been a complete
settlement of the disputes between the petitioner and
respondents 2 and 3, as held by the Apex Court in Manoj
Sharma v. State (2008(4) KLT 417), it is not in the
interest of justice to continue the prosecution.
Petition is allowed. C.C.722/2005 on the file of Chief
Judicial Magistrate Court, Thodupuzha is quashed.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006