The petitioners herein are the two accused in Crime No.96 of 2012 of Ernakulam Town South Police Station, registered under Sections 468, 406 and 420 of Indian Penal Code, and also under Section 66 (c) of the Information Technology Act, on the complaint of one Udayan N.Lalan, that with the object of cheating him, the petitioners made application in his name for obtaining shares of one Finance Corporation. Now the petitioners seek orders under Section 482 of the Code of Criminal Procedure quashing the prosecution on the ground that they and the de facto complainant have settled the dispute amicably out of court. The de facto complainant Udayan N.Lalan is the 2nd respondent in this proceeding. He has filed affidavit to the effect that he has settled the whole dispute with the accused, and that he has no grievance or complaint. Though the crime involves offence of forgery and an offence under the Information Technology Act, I find on a Crl.M.C No.4944 of 2014 2 perusal of the materials that the complaint and the complainant's grievance are in fact personal in nature. I find that the parties have really settled the whole dispute, and continuance of further proceedings will cause harm and hardship to both sides. In so many decisions, the Hon'ble Supreme Court has held that even in cases involving non- compoundable offences, the High Court can act under Section 482 of the Code of Criminal Procedure, be it at the crime stage, or at the trial stage, if the parties have really settled the whole dispute and continuance of prosecution will not serve any purpose. In the result, this petition is allowed. The F.I.R and further proceedings against the petitioners herein in Crime No.96 of 2012 of Ernakulam Police Station will stand quashed under Section 482 of the Code of Criminal Procedure, and the petitioners will stand released from such proceedings.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge