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Mohanan vs State Of Kerala

High Court Of Kerala|18 December, 2014
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JUDGMENT / ORDER

The petitioner herein is the sole accused in Crime No.1149/2014 of the Perinthalmanna Police Station, registered under Section 3 and 7 r/w 17 of the Kerala Money Lenders Act and Sec. 4 of the Prohibition of charging Exorbitant Interest Act 2012, on the complaint of one Aneesh. The petitioner seeks orders quashing the proceeding on the ground that he and Aneesh have come to terms. Aneesh is the second respondent herein. He has filed affidavit to the effect that the has settled the dispute with the accused, and that he has no grievance or complaint. On a perusal of the first information statement I find that the dispute is purely personal in nature. The police has now reported that no material could be collected on search in the premises of the petitioner to indicate his involvement in any money lending business. No doubt, a prosecution cannot be initiated under the Kerala Money Lenders act on the basis of a solitary loan transaction. It appears that without and before getting any material for a prosecution the police rushed to register FIR against the petitioner. I find that the Crl. M.C No. 5456 of 2014 2 personal dispute between the petitioner and the de facto complainant stands well settled. In such a situation, continuance of further proceedings in the crime will be abuse of legal process, and it will cause harm and hardship to both the parties. In the result, this petition is allowed. The FIR and further proceedings in crime No. 1149/2014 of the Perinthalmanna Police Station will stand quashed under Section 482 Cr.P.C.
P.UBAID, JUDGE sab
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Title

Mohanan vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
18 December, 2014
Judges
  • P Ubaid
Advocates
  • Sri
  • U K Devidas