Petitioner is the accused in crime No.204 of 2014 of Nenmara Police Station registered under section 406 ad 420 of the Indian Penal Code and sections 13 and 17 of the Kerala Money Lenders Act and Section 3 read with Section 9(a) of the Kerala Prohibition of Charge Exorbitant Interest Act 2012. It is the case of the de facto complainant that due to financial stringencies and illness of his father, he had to borrow money from the accused to a tune of `35,000/- at the rate of 20% interest per annum. In spite of paying off the liability, the petitioner proceeded with a prosecution against the defacto complainant under Section 138 of the Negotiable Instruments Crl.M.C. No.1595 of 2014 :2:
Act. Alleging all these facts, he filed a complaint before the Assistant Superintendent of Police, Alathur. On that basis, the crime was registered. Annex.A is the complaint submitted by the de facto complainant, Annex.B is the FIR and Annex.C is the affidavit filed by the de facto complainant stating that the matter has been talked over between the parties and finally settled. It is further submitted that the de facto complainant has no subsisting grievance against the accused/petitioner. On hearing the counsel for the petitioner and the de facto complainant, I am satisfied that the matter has been fully settled. The learned Public Prosecutor submitted that there are other cases of similar nature pending against the de facto complainant. However, the averments in the affidavit would clearly show that the matter between the parties herein has been settled and further proceedings will be of no avail.
Therefore, the petition is allowed in the following terms:
Crl.M.C. No.1595 of 2014 :3:
Annex.B/FIR in crime No.204/2014 of Nenmara Police Station is hereby quashed.
A.HARIPRASAD, (JUDGE) dl/