YAHYA KASIM Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is the first accused in C. C. No. 195/2003 on the file of Chief judicial Magistrate Court, Palakkad and now pending as L. P. No. 207/2004. Second respondent filed a complaint before the Magistrate alleging that to secure visa for third respondent, second respondent on the inducement made by the accused, paid money to the accused and it was misappropriated and Visa was not arranged and accused thereby committed offences under Sections 403, 406 and 420 read with Section 34 of Indian Penal Code. The Magistrate forwarded the complaint for investigation under Section 156 (3) of Code of Criminal procedure. After investigation Annexure I report was filed. It was taken cognizance as C. C. No. 195/2003. This petition is filed under Section 482 of the code of Criminal Procedure stating that subsequently the dispute between respondents 2 and 3 were settled by the petitioner and they did not intend to proceed with the case and therefore the case is to be quashed. Respondents 2 and 3 appeared through Counsel.

(2.) LEARNED Counsel appearing for the petitioner and Counsel appearing for respondents 2 and 3 were heard.

(3.) LEARNED Counsel appearing for respondents 2 and 3 submitted that respondents 2 and 3 have filed joint petition along with the petitioner reporting the settlement and they have no grievance against petitioner and in view of settlement, no purpose will be served by proceeding with the case and therefore the case is to be quashed. Learned Counsel appearing for the petitioner submitted that in view of the decision of the Apex Court in Madan mohan Aboot v. State of Punjab (2008 (3) KLT 19), the offence being against the petitioner is purely personal in nature and in view of the settlement, no fruitful purpose will be served by undergoing ordeal of trial and therefore the case is to be quashed.