The petitioner herein is the first accused in Crime No. 1203/2013 of the Kayamkulam Police Station. Crime in the said case was registered under Sections 420 IPC, on the complaint of one Biju. He is the 2nd respondent in this proceeding. The petitioner seeks orders quashing the proceeding in the said crime, on the ground that he and the complainant have settled the dispute out of court. It is submitted by the learned Public Prosecutor that the complainant has in fact arraigned three persons as accused in the complaint, and the accused Nos. 2 and 3 are yet to be detected. It is also submitted that the complainant has not furnished necessary details to identify and detect those two persons. The defacto complainant, Biju has filed affidavit to the effect that he has settled the dispute with the accused, and that he has no grievance or complaint now. His affidavit shows that he does not have any idea regarding the accused Nos. 2 and 3, arraigned by him. Any way, a perusal of Crl.M.C.. No. 3411/2014 2 the complaint shows that the material allegations made by the complainant are in fact against the 1st accused. The complaint does not disclose the exact role of the others arraigned in the complaint. Any way, the complainant has no grievance now, and he does not want to proceed with the matter. I find that there is a real and genuine settlement between the parties, and continuance of proceedings will cause harm and hardship to both sides. There is also reason to believe that the transaction alleged in the complaint is in fact more of a civil nature, than of a criminal nature. In the result, this Crl.M.C. is allowed. The FIR and further proceedings in Crime No.1203/2013 of the Kayamkulam Police Station, will stand quashed under Section 482 Cr.P.C.
Sd/-
P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE