The petitioner herein is the sole accused in Crime No.1320/2013 of the Karunagappally Police Station, registered under Sections 409, 420 and 468 of the Indian Penal Code, on the complaint of one Radhakrishna Pillai. The petitioner now seeks orders quashing the prosecution on the ground that he and the defacto complainant have come to terms amicably out of court. Pending the proceeding the matter was referred for conciliation in mediation to the Kerala State Mediation and Conciliation Centre, attached to the High Court of Kerala. In the process of mediation the parties came to a proper settlement, and also executed a memorandum of mediation agreement before the mediator. The original of the said agreement is before this Court. This agreement shows that the parties have really settled the whole dispute and the complainant has received whatever amount due from the petitioner. The defacto complainant Radhakrishna Pillai is present in court in person. He submits that the whole dispute stands resolved Crl.M.C No.5559 of 2014 2 forever and that he has received the entire amount from the petitioner. I find that the alleged transaction is in fact a transaction concerning some share trading, and the dispute is really personal in nature. Anyway, the whole dispute now stands resolved forever. In such a situation continuance of prosecution against the petitioner herein will cause harm and hardship to both sides, and it will not serve any purpose other than wasting the precious time of the court.
In the result, this Criminal Miscellaneous Case is allowed. The FIR and the further proceeding in Crime No.1320/2013 of the Karunagappally Police Station will stand quashed under Section 482 of the Code of Criminal Procedure.
P.UBAID JUDGE ab