2025:KER:28907 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 CRL.MC NO. 1767 OF 2025 CRIME NO.19/2021 OF Sholayar Police Station, Palakkad PETITIONERS/ACCUSED NO.1 TO 4: 1 JOSEPH KURIAN, AGED 53 YEARS S/O KURIAN , NIRAPPATH HOUSE AGALI P.O , NELLIPPATHI, PALAKKAD DISTRICT, PIN - 678581 2 SURESH, AGED 43 YEARS S/O PANCHAN,SREDEVI NILAYAM, THAVALAM P.O AGALI , PALAKKAD DISTRICT, PIN - 678581 3 NAGARAJ, AGED 46 YEARS S/O VENGIDASWAMY, HARSHITHA NIVAS MELEKOTTATHARA KOTTATHARA P.O ,SHOLAYUR, PALAKKAD DISTRICT, PIN - 678581 4 SURESH BABU, AGED 45 YEARS S/O RAVEENDRAN, POKKATTETH HOUSE, KOTTATHARA P.O SHOLAYUR, PALAKKAD DISTRICT, PIN - 678581 BY ADVS. K.SUNITHA VINOD A.AMRUTHA VIDYADHARAN RESPONDENTS/STATE AND DEFACTO COMPLAINANT: 1 STATE OF KERALA, 2025:KER:28907 Crl.M.C.No.1767 of 2025 2 REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 JAYAKUMAR, AGED 48 YEARS S/O KANTHASWAMY, SREEKUMARAN ILLOM KOTTATHARA P.O ,SHOLAYUR, PALAKKAD DISTRICT, PIN - 678581 BY ADV T.O.DEEPA PP M.C.ASHI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:28907 Crl.M.C.No.1767 of 2025 3 ORDER Dated this the 27th day of March, 2025 Petitioners are accused Nos.1 to 4 in Crime No.19 of 2021 registered at the Sholayar Police Station for offences punishable under Sections 464, 465, 468 and 474 r/w Section 34 of IPC, arising out of a private complaint submitted by the 2nd respondent before the Judicial First Class Magistrate Court, Mannarkkad in C.M.P No.488 of 2021. 2. The crime is registered on the allegation that the accused forged the signature of the defacto complainant on an agreement for sale of property regarding receipt of Rs.2,00,000/-. 3. Learned Counsel for the petitioners submitted that the dispute, which led to the incident and registration of the crime, is amicably settled 2025:KER:28907 Crl.M.C.No.1767 of 2025 4 between the parties and Annexure V affidavit has been filed by the 2nd respondent, vouching this fact. 4. Learned Counsel for the 2nd respondent also submitted that the dispute is settled and her client has no grievance against the petitioners. 5. I heard the learned Public Prosecutor also. 6. Having considered the gravity of the offences alleged and having perused the affidavit, contents of which is vouched to be true and voluntary by the Counsel for the 2nd respondent, I am satisfied that no public interest is involved in this matter and the dispute has been settled amicably. In view of the settlement, there is no possibility of the criminal proceedings ending in conviction. As such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out 2025:KER:28907 Crl.M.C.No.1767 of 2025 5 by the Honourable Supreme Court in Madan Mohan Abbot v State of Punjab [(2008) 4 SCC 582] and Gian Singh v State of Punjab and Another [(2012) 10 SCC 303], there is no impediment in granting the relief. In the result, this Crl.M.C is allowed. Annexure II FIR and all further proceedings in Crime No.19 of 2021 registered at the Sholayar Police Station, as against the petitioners, is quashed. Sd/- V.G.ARUN JUDGE SSK/27/03 2025:KER:28907 Crl.M.C.No.1767 of 2025 6 APPENDIX OF CRL.MC 1767/2025 PETITIONER ANNEXURES Annexure 1 A TRUE COPY OF THE PRIVATE COMPLAINT AND ANNEXURES FORWARDED TO SHOLAYUR POLICE FROM JFMC MANNARKKAD Annexure II A TRUE COPY OF THE FIR NO 0019/2021 DATED 15.3.2021 OF SHOLAYUR POLICE STATION, PALAKKAD DISTRICT Annexure III A TRUE COPY OF THE JUDGMENT AND DECREE DTD 17-06-2022 IN O.S NO 183/2020 OF MUNSIFF MAGISTRATE COURT MANNARKKAD Annexure IV A TRUE COPY OF THE JUDGMENT DTD 17-06-2022 IN O.S NO 187/2020 OF MUNSIFF MAGISTRATE COURT MANNARKKAD ALONG WITH THE COMPROMISE PETITION Annexure V ORIGINAL OF THE THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT REGARDING HIS NO OBJECTION IN WITHDRAWING THE COMPLAINT REGISTERED AS CRIME NO .0019/2021 OF SHOLAYUR POLICE STATION, PALAKKAD DATED 17.2.2025 RESPONDENTS EXHIBITS : NIL TRUE COPY P.A. TO JUDGE