The First Information Report and further proceedings in Crime No. 496/2013 of the Maranelloor Police Station is sought to be quashed under Section 482 Cr.P.C., in this proceeding. The matter is really concerning some property transaction. Crime happened to be registered under Sections 406 and 420 IPC. Pending this proceeding, this Court found possibility of settlement for resolution of the actual dispute forever. Accordingly, the matter was referred to the Mediation and Conciliation Centre attached to the High Court of Kerala. Both the parties entered appearance in the mediation centre and took part in the conciliation process. The parties accordingly settled the whole dispute forever, and executed a mediation agreement incorporating the terms of settlement. The petitioner herein agreed to execute a sale deed in favour of the defacto complainant, with respect to the property involved in O.S. No. Crl.M.C.. No. 3977/2013 2 158/2013 of the Munsiff Court, Neyyattinkara, and accordingly, the defacto complainant agreed not to proceed with the criminal prosecution. Thus, both sides agreed that further proceedings in Crime No. 496/2013 of Maranelloor Police Station need not continue, and the proceedings can be closed in view of the undertaking made by the petitioner herein that he will execute sale deed in favour of the complainant. The original agreement of terms, executed by the parties is before this Court as part of the proceeding. I find that in the above circumstances, prosecution can be quashed as requested in this proceeding, but appropriate orders or directions will have to be passed by the competent civil court in terms of the compromise. For this purpose, the original memorandum of agreement signed by the parties as part of mediation process will have to be forwarded to the civil court.
In the result, this Crl.M.C. is allowed. The First Information Report and further proceedings in crime No. 496/2013 of the Maranelloor Police Station will stand quashed under Section 482 Cr.P.C. The original memorandum of agreement signed by the Crl.M.C.. No. 3977/2013 3 parties before the mediator will be forwarded to the Munsiff Court, Neyyattinkara, for appropriate orders in the civil proceeding pending as O.S. No. 158/2013.
Sd/-
P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE