Jayan C.V.Vs State Of Kerala

P.V.Kunhikrishnan, J

Petitioners are the accused in C.C. No. 393 of 2022 on the files of Judicial First Class Magistrate Court, Adimaly.

The above case is charge sheeted against the petitioners alleging offence punishable under Sections 406, 420, 294(b), 506(i), 341, 427 read with Section 34 of the Indian Penal Code.

When this case came up for consideration, the learned counsel for the petitioners submitted that, the entire disputes between the petitioners and the 2nd respondent are settled out of Court. The learned counsel also submitted that the prosecution initiated based on a private complaint filed before the court below which was referred under Section 156(3) Code of Criminal Procedure.

The learned counsel appearing for the 2nd respondent submitted that, the matter is settled. Annexure-3 is the affidavit of the 2nd respondent.

The learned Public Prosecutor after getting instructions from the Investigating Officer, submitted that, the matter is settled.

Going through the materials available on record, it is discernible that, the dispute is basically private in nature and on account of settlement arrived at between the parties, no purpose would be served if the proceedings against the petitioner herein were allowed to continue. In such circumstances, the chances of a successful prosecution are very bleak. Therefore, I am of the view that going by the decision in Gian Singh v. State of Punjab and Another [2012(4) KLT 108], this is a fit case in which the powers of this Court under Section 482 of the Code of Criminal Procedure can be invoked.

Accordingly, this Crl.M.C. is allowed. All further proceedings in C.C. No. 393 of 2022 before the Judicial First Class Magistrate Court, Adimaly, as against the petitioners are hereby quashed.