High Court Kerala High Court

Soudha vs Majeed on 1 June, 2009

Kerala High Court
Soudha vs Majeed on 1 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1747 of 2009()


1. SOUDHA,W/O.ABBAS,MULLUNGAL HOUSE,
                      ...  Petitioner

                        Vs



1. MAJEED,S/O.ABDULRAHIMAN,ARACKAL VEEDU,
                       ...       Respondent

2. STATE OF KERALA,

                For Petitioner  :SRI.P.V.KUNHIKRISHNAN

                For Respondent  :SMT.P.K.RADHIKA

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :01/06/2009

 O R D E R
              M.SASIDHARAN NAMBIAR, J.
               ==================
               Crl.M.C. No. 1747 of 2009
               ==================
           Dated this the 1st day of June, 2009.

                        O R D E R

Petitioner is accused in C.C.No.246/2008 on the file of

Judicial First Class Magistrate Court-V, Kozhikode, taken

cognizance on the final report submitted by Nallalam Police

after investigation based on the complaint filed by the 1st

respondent alleging offences under Sections 420, 467, 468

and 471 of Indian Penal Code. This petition is filed under

Section 482 of the Code of Criminal Procedure contending

that subsequent to the initiation of C.C.No.246/2008, the

dispute between petitioner and 1st respondent were

amicably settled out of court and 1st respondent received

the entire amount due to him from petitioner and he has no

grievance now and therefore the case is to be quashed.

Annexure B Affidavit of 1st respondent to the effect that he

has received the entire amount due from petitioner and he

has no grievance against petitioner and also has no

Crl.M.C.No.1747/2009
-2-

objection to quash the entire proceedings in

C.C.No.246/2009 is filed along with the petition.

2. Learned Counsel appearing for petitioner and and

learned Counsel appearing for 1st respondent were heard.

3. Learned Counsel appearing for petitioner

submitted that the entire dispute which arose out of the

issuance of the cheque and non payment of the amount due

to 1st respondent was subsequently resolved and 1st

respondent has already received entire amount due and in

the light of the principles laid down by the Apex Court in

Madan Mohan Abbot v. State of Punjab (2008 AIR SCW

2287), in Nikhil Merchant v. Central Bureau of Investigation

(2008 (3) KLT 769 SC) and in Manoj Sharma v. State (2008

(4) KLT 417 SC) and the case being only of a personal

character is to be quashed. Learned Counsel appearing for

1st respondent submitted that 1st respondent had received

the entire amount due from the petitioner and he has now

no grievance against the petitioner and the case may be

quashed.

Crl.M.C.No.1747/2009
-3-

4. Considering the nature of the offences alleged,

which is purely of personal nature on account of non-

payment of the amount due by petitioner to 1st respondent

and subsequent payment of the amount by petitioner to the

satisfaction of 1st respondent as is clear from the affidavit of

1st respondent, it would be an unnecessary waste of

valuable time of the Court if petitioner is to be tried in the

case, when the matter has already been settled between

petitioner and 1st respondent/defacto complainant. No

fruitful purpose would be achieved by continuing the

criminal proceedings. In such circumstances, in the

interest of administration of justice, C.C.No.246/2008 on the

file of Judicial First Class Magistrate Court-V, Kozhikode is

quashed.

M.SASIDHARAN NAMBIAR
JUDGE

dkr