IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4905 of 2010()
1. M/S. DBFS SECURITIES LTD.,
... Petitioner
2. PRINCE GEORGE,
Vs
1. JAMES K.GEORGE, S/O. GEORGE,
... Respondent
2. ROSY @ ROSE JAMES, W/O. JAMES K.GEORGE,
3. V.L.JOSEPH, S/O. LONI,
4. STATE OF KERALA, THROUGH
For Petitioner :SRI.SOORAJ T.ELENJICKAL
For Respondent :SRI.GEO PAUL
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :15/12/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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Crl.M.C. No. 4905 of 2010
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Dated this the 15th day of December, 2010
ORDER
Petitioners are the accused in Crime No.902/2010 of
Thodupuzha Police Station registered under Annexure-II F.I.R,
based on Annexure-III compliant filed by the first respondent
before Chief Judicial Magistrate, Thodupuzha and sent for
investigation under Section 156(3) of Code of Criminal Procedure.
Respondents 2 and 3 are also persons who allegedly sustained
monitory loss, as per Annexure-III complaint.
2. Petition is filed under Section 482 of Code of Criminal
Procedure to quash the F.I.R and further proceedings, contenting
that entire disputes were subsequently settled amicably with
respondents 1 to 3 and consequent to the settlement,
respondents 1 to 3 have no subsisting grievance against the
petitioners and therefore, it is not in the interest of justice to
continue the prosecution.
3. Respondents 1 to 3 appeared through a counsel and filed
separate affidavits stating that they have settled all the disputes
with the petitioners and therefore, they have no objection for
Crl.M.C. No. 4905 of 2010 2
quashing the proceedings.
4. Learned counsel appearing for the petitioners,
respondents 1 and 3 and learned Public Prosecutor were heard.
5. The crime was registered based on the complaint filed by
the first respondent. The offence alleged against petitioners are
purely personal in nature. Affidavits filed by the respondents 1 to
3 establish that they have settled all the disputes with the
petitioners. As held by Apex Court in Madan Mohan Abbot v.
State of Punjab (2008 (3) KLT 19 (SC), when the offences
alleged are purely personal in nature against respondents 1 to 3
and they have settled the disputes with the petitioners, it is not
in the interest of justice to continue the prosecution against the
petitioners.
Petition is allowed. Crime No.902/2010 of Thodupuzha
Police Station registered under Annexure-II F.I.R as against
petitioners is quashed making it clear that investigation can be
proceeded against the other accused.
M.SASIDHARAN NAMBIAR,
JUDGE.
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