The petitioner herein is the sole accused in Crime No.514 of 2014 of Nadakkavu Police Station in Kozhikode District, registered under Sections 3 and 4 read with Section 17 of the Kerala Money Lenders Act, and also under Section 3 read with Section 9 of the Kerala Prohibition of Charging Exorbitant Interest Act, 2012, on the complaint of one Prasad. Investigation at present is in progress, though the Police has not in fact been able to seize or recover any material proving the involvement of the petitioner in any unauthorised money lending business. Now the petitioner seeks orders under Section 482 of the Code of Criminal procedure quashing the crime on the ground that he and the complainant have settled and resolved the dispute amicably out of court. The complainant Prasad is the 1st respondent in this proceeding. He has filed affidavit to the effect that he has settled the dispute with the accused, and that he has no grievance or complaint now. Being a Crl.M.C No.4369 of 2014 2 prosecution under the Kerala Money Lenders Act, and the other Special Law meant for the protection of borrowers from unauthorised money lenders and other unscrupulous persons in the finance field, this Court directed the police to report whether the Investigating Officer has seized any material or document, other than the materials furnished by the complainant, indicating the involvement or complicity of the petitioner herein in any unauthorised money lending business. Accordingly, the Sub Inspector of Police, Nadakkavu filed report that the transaction alleged by the complainant is in fact a property transaction, or sale of a property as security for the money borrowed by the complainant, and that the police could not seize any document or material showing the complicity of the petitioner in any such unauthorised money lending business. There is reason to believe that the complainant Prasad brought such a complaint as a short cut for the redressal of his grievance for which he will have to take recourse to civil action. Anyway, the parties have now come to terms amicably, and the complainant has no grievance or Crl.M.C No.4369 of 2014 3 complaint now. There is absolutely no material to show that the petitioner is in any manner involved in any unauthorised money lending business. The property transaction between the petitioner and the complainant will not attract such a prosecution. I find that continuance of this proceeding against the petitioner will cause harm and hardship to him, and such an unsustainable prosecution will definitely be unjust and illegal. Thus, I find that the proceeding is liable to be quashed. In the result, this petition is allowed. The F.I.R and further proceedings in Crime No.514 of 2014 of Nadakkavu Police Station as against the petitioner herein will stand quashed under Section 482 of the Code of Criminal Procedure.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge