The petitioner herein is the accused in C.C No.85/2013 of the Judicial First Class Magistrate Court, Payyoli. Crime in the said case was registered under Sections 420 the Indian Penal Code on the complaint of one Abdul Rahiman. After investigation, the police submitted final report under Section 420 and 468 of the Indian Penal Code, and cognizance was taken by the learned Magistrate. The petitioner now seeks orders under Section 482 of the Code of Criminal Procedure, quashing the prosecution on the ground that he and the defacto complainant have amicably settled the whole dispute out of court, and that the complainant has no complaint or grievance now. The defacto complainant Abdul Rahiman is the 2nd respondent in this proceeding. He has filed affidavit to the effect that the dispute stands resolved forever, and that he has no complaint or grievance now.
2. A perusal of the FIR and the final report I do not Crl.M.C No.6335 of 2014 2 find anything definite to attract Section 468 IPC. It is not exactly known what is the forgery alleged against him. Anyway, the parties have come to terms amicably, and the dispute now stands resolved forever. In such a situation, further proceedings will not serve any purpose, other than wasting the precious time of the court.
In the result, this Criminal Miscellaneous Case is allowed. The prosecution pending against the petitioner herein in C.C.No.85/2013 before the Judicial First Class Magistrate Court, Payyoli will stand quashed under Section 482 of the Code of Criminal Procedure, and the petitioner will stand released from prosecution. The bail bond, if any, executed by the petitioner will stand discharged.
P.UBAID JUDGE ab