The petitioners herein are the four accused in C.C.No.429/2014 before the Judicial First Class Magistrate Court-I, Thamarassery. Cognizance was taken by the learned Magistrate on a complaint filed by the first respondent herein, alleging the offences under sections 120(B), 419, 466, 468, 469 and 471 IPC read with section 34 IPC. What in fact led to such complaint is a dispute between the complainant and the petitioners as regards a trade activity. His grievance is that for obtaining trade marks registration, the petitioners fraudulently forged his signature and produced documents containing such signature before the competent authority. Now the petitioners seek orders quashing the prosecution under section 482 of the Cr.P.C., on the ground that they and the complainant have amicably settled the dispute.
2. The first respondent has filed affidavit to the effect that he has settled the dispute with the petitioners and he has no grievance or complaint. On a perusal of the materials, I find that the dispute is purely personal, concerning some trade activity, though serious Crl.M.C.No.6447 of 2014 2 offences are seen alleged in the complaint by the first respondent.
3. I am well satisfied that the parties have come to terms amicably, and they have no grievance or complaint now. In such a situation, continuance of prosecution will cause harm and hardship to both sides, and it may create further problems. When the whole dispute stands settled, continuance of prosecution will not serve any purpose, other than wasting the precious time of the court. The dispute does not involve any public interest or public issue.
In the result, the petition is allowed. The prosecution against the petitioners in C.C.No.429/2014 of the Judicial First Class Magistrate Court-I, Thamarassery, will stand quashed under section 482 of the Cr.P.C. Accordingly the petitioners will stand released from prosecution, and the bail bond, if any, executed by them will stand discharged.
Sd/-
P. UBAID, JUDGE vpv