This Criminal Miscellaneous Case is filed by the petitioners to quash further proceedings in C.C.No.678/2008 on the file of the Judicial First Class Magistrate Court-I, Aluva on the basis of a settlement under Section 482 of the Code of Criminal Procedure. 2. The petitioners are the accused in Crime No.1173/2006 of Aluva Police Station and that case was registered on the basis of a complaint filed by the second respondent against the petitioners alleging offences under Sections 415 and 420 read with Section 34 of the Indian Penal Code and it is purely a monetary dispute and later final report has been filed and it was taken on file as C.C.No.678/2008 and now pending before the Judicial First Class Magistrate Court-I, Aluva.
3. Now the matter has been settled between the parties.
No purpose will be served by continuing the case in view of the settlement. Since the defacto complainant was working abroad, his absence could not be procured in the lower court to satisfy the Magistrate about the settlement and filing an application for compounding before that court. So they have no other remedy except to approach this Court seeking the following relief:
For these and other grounds to be urged at the time of hearing it is humbly prayed that this Hon'ble Court may be pleased to quash all proceedings in C.C.No.678/2008 on the file of Judicial First Class Magistrate Court-I, Aluva in the interest of justice.
4. Earlier they filed only an agreement alleged to have been entered into between the parties as Annexure-A3 and this Court felt that without getting appearance of the defacto complainant and getting assurance of him, the mater was really settled, no orders could be passed on the basis of the document produced. Later, the second respondent appeared through counsel and filed an affidavit stating that the matter has been settled between the parties and he has no objection in recording the compromise and quashing the proceedings against the petitioners.
5. Heard both sides.
6. It is an admitted fact that on the basis of the private complaint filed by the second respondent against the petitioners before the Chief Judicial Magistrate Court, Thrissur which was forwarded to the Thrissur west police station for registering a crime under Section 156(3) of the Code of Criminal Procedure, Crime No.346/2006 of Thrissur west police station was registered. Thereafter since it is found that transaction has taken place within the jurisdiction of Aluva police station, the same was transferred to Aluva police station where it was re registered as Crime No.1173/2006 of that police station as per Annexure A1 First Information Report. After investigation, final report was filed and the case was taken on file as C.C.No.678/2008 and it is pending before the Judicial First Class Magistrate Court-I, Aluva. Now the matter has been settled between the parties and the second respondent appeared through counsel and filed an affidavit stating that the matter has been settled between the parties and the relationship has been restored as it was a business transaction. So considering the fact that the mater has been settled and also it is purely a money transaction, applying the principal laid down in the decision reported in Gian Singh v. State of Punjab [2012 (4) KLT 108 (SC)], this Court feels that composition can be recorded and invoking the power under Section 482 of the Code, further proceedings in C.C.No.678/2008 on the file of Judicial First Class Magistrate Court-I, Aluva can be quashed.
7. So, the application is allowed and further proceedings in C.CNo.678/2008 pending before the judicial First Class Magistrate Court-I Aluva (Crime No.1173/2006 of Aluva police station ) as against the petitioners is quashed accepting the affidavit filed by the second respondent recording the composition.
Office is directed to communicate this order to the concerned court for necessary further action in this regard.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl /true copy/ P.S to Judge