The petitioner herein seeks orders under Section 482 of the Code of Criminal Procedure, quashing the prosecution against him in C.C.No.542/2003 before the Judicial First Class Magistrate Court, Kunnamkulam. Crime in the said case was registered on the complaint of one Fathima. The said Fathima is the 2nd respondent herein. Pending the proceedings she died, and her legal representative was impleaded as additional 3rd respondent. The crime was registered under Section 406 and 420 of the Indian Penal Code, on the allegation that the petitioner herein received huge amount from the said Fathima and appropriated the said amount for his own purpose, and thus cheated her.
2. Pending the proceedings the parties settled the whole dispute amicably, and accordingly the additional 3rd respondent filed affidavit to the effect that he has no grievance or complaint now individually, or as legal heirs of the deceased 2nd respondent, and that the whole disputes stands amicably settled. In the above circumstances, I find that no purpose will be served in proceeding with the prosecution, other than wasting the precious time of the Crl.M.C No.200 of 2011 2 court. When the defacto complainant is no more, and when the legal representative has received the entire amount on compromise, none of the material witnesses will support the prosecution when the case goes to trial. In such a circumstance, the prosecution can be closed by applying the decision of the Hon'ble Supreme Court, that even in cases involving non-compoundable offences, the High Court can quash the prosecution under Section 482 of the Code of Criminal Procedure, if the parties have really settled the whole dispute. Of course, it is true that there was no such settlement when the Criminal Miscellaneous Case was filed. The settlement was really made pending the proceedings, after the death of the defacto complainant. But I am inclined to accept the said settlement though not composition as such.
In the result, this Criminal Miscellaneous Case is allowed. The prosecution pending against the petitioner herein in C.C No.542/2003 before the Judicial First Class Magistrate Court, Kunnamkulam will stand quashed under Section 482 of the Code of Criminal Procedure, and the petitioner will stand released from prosecution. The bail bond, if any, executed by the petitioner will stand discharged.
P.UBAID JUDGE ab