IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1116 of 2010()
1. SHAJI, AGED 34, S/O.OUSEPH
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
2. K.A.POULOSE, AGED 57 YEARS
For Petitioner :SRI.A.RANJITH NARAYANAN
For Respondent :SMT.A.SIMI
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :31/03/2010
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.1116 of 2010
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ORDER
Petitioner is the accused and second
respondent, the defacto complainant in C.C.No.
572/2007 on the file of Judicial First Class
Magistrate’s Court-IV, Kozhikode, taken cognizance
for the offences under Sections 468, 471 and 420 of
Indian Penal Code on Annexure-A1 final report.
Prosecution case is that after 31.10.2005, inducing
the second respondent to believe that a JCB
belonging to Gaylord Earth Movers, due to the loss
in the business the shop has been closed and the
JCB was entrusted to the petitioner for sale, made
the second respondent to purchase the same and
thereby committed the offences. This petition is
filed under Section 482 of Code of Criminal
Procedure to quash the cognizance taken and the
case pending before the Magistrate contending that
the offences alleged against the petitioner are
CRMC 1116/10 2
purely personal in nature against the second
respondent and all the disputes were amicably
settled between the parties and consequent to the
settlement, it is not in the interest of justice to
continue the prosecution.
2. Second respondent appeared through a counsel
and filed an affidavit stating that entire disputes
were settled amicably and therefore, he has no
objection for quashing the proceedings.
3. Learned counsel appearing for the
petitioner, second respondent and learned Public
Prosecutor were heard.
4. The offences alleged against the petitioner
are purely personal in nature as is clear from
Annexure-A1 final report. Affidavit filed by the
second respondent establishes that entire disputes
with the petitioner were amicably settled. 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 all the disputes were
CRMC 1116/10 3
amicably settled between the parties, it is not in
the interest of justice to continue the
prosecution.
Petition is allowed. C.C.No.572/2007 on the
file of Judicial First Class Magistrate’s Court-IV,
Kozhikode is quashed.
31st March, 2010 (M.Sasidharan Nambiar, Judge)
tkv