High Court Kerala High Court

Dominic Celestine vs M.K.Thomas on 2 February, 2011

Kerala High Court
Dominic Celestine vs M.K.Thomas on 2 February, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 214 of 2011()


1. DOMINIC CELESTINE, AGED 49 YEARS,
                      ...  Petitioner
2. LINDA DOMINIC, W/O.DOMINIC CELESTINE,

                        Vs



1. M.K.THOMAS, AGED 62 YEARS,
                       ...       Respondent

2. MOLY THOMAS, W/O.M.K.THOMAS,

3. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.GEO PAUL

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :02/02/2011

 O R D E R
                    THOMAS P.JOSEPH, J.
            ====================================
                     Crl. M.C. No.214 of 2011
            ====================================
         Dated this the   02nd day of February,     2011


                            O R D E R

Petitioners are accused in Crime No.87 of 2004 of Ernakulam

Town South Police Station and C.C. No.1837 of 2005 of the court

of learned Additional Chief Judicial Magistrate, Ernakulam for

offences punishable under Sections 406 and 420 read with

Section 34 of the Indian Penal Code. That case was registered on

a private complaint preferred by the first respondent and

forwarded to the police for investigation under Section 156(3) of

the Code of Criminal Procedure. Case is that the second and third

accused as Directors of the first accused-Company collected

Rs.24,950/- from the first and second respondents representing

that the amount is to be utilised for aqua culture and as share of

the first and second respondents in the undivided share in the

property will be used for aqua culture. Rs.2,500/- was collected

from them towards registration fee but it is alleged that

petitioners and the first accused used the said amount for their

purposes and thereby committed offences alleged. Petitioners

seek to quash the proceedings against them in the light of the

CRL.M.C. No.214 of 2011
-: 2 :-

settlement reached between them and the first and second

respondents. Annexures A4 and A5 are the affidavits filed by the

first and second respondents. I have heard learned counsel for

petitioner, first and second respondents and the learned Public

Prosecutor. Learned Public Prosecutor after getting instruction

has confirmed fact of settlement between petitioners and the first

and second respondents. It is also stated that the police has not

received any complaint from any other persons regarding the

alleged activities of petitioners.

2. Offence alleged is personal to and between petitioners

and the first and second respondents and they have settled the

dispute. The first and second respondents do not intend to

proceed against petitioners further. In that situation there is no

possibility of the prosecution having a successful culmination.

Hence I am inclined to allow this petition.

Resultantly, Criminal Miscellaneous Case is allowed.

Annexure-A2, FIR in Crime No.87 of 2004 of the Ernakulam Town

South Police Station, cognizance taken against the petitioners and

all proceedings in C.C. No.1837 of 2005 of the court of learned

Additional Chief Judicial Magistrate, Ernakulam against petitioners

are quashed making it clear that this order concerns only the

CRL.M.C. No.214 of 2011
-: 3 :-

complaint preferred by the first and second respondents and the

proceedings taken thereon and would have no bearing on any

other complaint that any other person/persons may prefer against

petitioners concerning the matter.

THOMAS P. JOSEPH, JUDGE.

vsv