High Court Kerala High Court

Parakkal Kunhamina vs The State Of Kreala on 22 December, 2010

Kerala High Court
Parakkal Kunhamina vs The State Of Kreala on 22 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4600 of 2010()


1. PARAKKAL KUNHAMINA, AGED 46 YEARS,
                      ...  Petitioner
2. PARAKKAL SAMEERA, AGED 25 YEARS,
3. O.M.GOVINDAN NAMBIAR, AGED 65 YEARS,
4. P.V.BALARAMAN, S/O. KRISHNAN,
5. SHAKEER, AGED 20 YEARS, S/O. ASHRAF,

                        Vs



1. THE STATE OF KREALA, REP.BY PUBLIC
                       ...       Respondent

2. THE S.H.O. MATTANNUR POLICE STATION,

3. PARAKKAL IBHRAHIM, S/O. ALI,

                For Petitioner  :SRI.C.K.SREEJITH

                For Respondent  :SRI.GEORGIE SIMON

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :22/12/2010

 O R D E R
               M.Sasidharan Nambiar, J.
              --------------------------
                Crl.M.C.No.4600 of 2010
              --------------------------

                         ORDER

Petitioners are the accused and third respondent,

the defacto complainant, in C.C.No. 241/2010 on the

file of Judicial First Class Magistrate’s Court,

Mattannur, taken cognizance for the offences under

Sections 463, 465, 471 and 120(b) read with Section 34

of Indian Penal Code on Annexure-A2 final report

submitted in Crime No. 556/2008 of Mattannur Police

Station, registered on the basis of a complaint filed

by the third respondent before Judicial First Class

Magistrate’s Court, Mattannur and sent for

investigation under Section 156(3) of Code of Criminal

Procedure.

2. Prosecution case, as is clear from Annexure-A2

final report, is that 10= cents in R.S.No.39/2A of

Koodaly Village belongs to the third respondent and in

furtherance of the common intention of the petitioners,

on 5.2.2007, first petitioner forged a sale deed in

favour of second petitioner as if the property belongs

to the first petitioner, when, in fact, the property

CRMC 4600/10 2

belongs to the third respondent and it was got

registered and used as genuine and thereby committed

the offences. This petition is filed under Section 482

of Code of Criminal Procedure to quash the proceedings

contending that entire disputes with the third

respondent were settled amicably and consequent to the

settlement, it is not in the interest of justice to

continue the prosecution.

3. Third respondent appeared through a counsel and

filed an affidavit stating that entire disputes with

the petitioners were settled amicably and consequent to

the settlement, he has no subsisting grievance against

the petitioners and therefore, he has no objection for

quashing the proceedings.

4. Learned counsel appearing for the petitioners,

third respondent and learned Public Prosecutor were

heard.

5. Prosecution case is not that first petitioner

impersonated third respondent or executed a sale deed

as if it is being executed by the third respondent. On

the other hand, the case is only that, though the

property belongs to the third respondent and first

petitioner has no right or title over that property,

CRMC 4600/10 3

she executed a sale deed and registered it as if the

property belongs to her. Even if the case is true, it

would not attract an offence either under Section 463,

or 465 or 471 of Indian Penal Code, as the document

cannot be a false document as provided under Section

464 of Indian Penal Code. Whatever it be, the affidavit

filed by the third respondent establishes that he has

settled all the disputes with the petitioners and he

has no subsisting grievance against them. As held by

the Apex Court in Madan Mohan Abbot v. State of Punjab

(2008 (3) KLT 19) and Manoj Sharma v. State (2008 (4)

KLT 417), when the offences alleged are purely personal

in nature and third respondent has settled all the

disputes amicably, it is not in the interest of justice

to continue the prosecution, as consequent to the

settlement there is no likelihood of a successful

prosecution.

Petition is allowed. C.C.No.241/2010 on the file

of Judicial First Class Magistrate’s Court, Mattannur

is quashed.

22nd December, 2010 (M.Sasidharan Nambiar, Judge)
tkv