Application filed under Section 482 of the Code of Criminal Procedure.
2. The petitioners are the accused in Crime No.739 of 2013 of the Vanchiyoor Police Station, Thiruvananthapuram District presently pending as C.C.No.3397 of 2013 before the Additional Chief Judicial Magistrate's Court, Thiruvananthapuram, registered for the offences punishable under Sections 406, 420, 465 and 471 r/w Section 34 of the Indian Penal code and Sections 13 and 17 of the Kerala Money Lenders Act, 1958.
3. The allegation against the petitioners is that they conducted money lending business without any licence, and during the period from the month of December 2011 to the month of April 2012, he gave a total amount of Rs.5,00,000/- to CW1 and Rs.8,00,000/- to CW2 by way of several instances by charging exorbitant interest, and by obtaining signed blank stamp paper from CW1. Styling it is an agreement for sale, it is Crl.M.C.No.6487 of 2014 2 alleged that the accused have obtained the sale deed in respect of 4 cents of property from CW1. Over and above it, they have allegedly received 13 blank signed cheque leaves from CW2.
4. Heard the counsel for the petitioners, learned counsel for CWs1 and 2, and learned Public Prosecutor.
5. According to the petitioners, all the matters in disputes between the parties have been amicably settled and presently, CW1 and CW2 have no complaints against the petitioners. Therefore, they have sought for getting Annexure-I F.I.R, Annexure-II final report and all further proceedings in C.C.No.3397 of 2013 of the Additional Chief Judicial Magistrate's Court, Thiruvananthapuram, quashed.
6. CW1 and CW2 have filed separate affidavits affirming that all the matters in disputes between the parties have been amicably settled and therefore, they do not want to proceed with the case against the petitioners.
7. CW1 and CW2 have entered appearance through their counsel. Learned counsel for CW1 and CW2 also endorses the fact that the affidavits have been sworn in by CW1 and CW2 and the matter has been settled. It seems that presently CW1 and CW2 have no complaints against the petitioners.
Crl.M.C.No.6487 of 2014 3
8. When the matters in controversy in these proceedings involve financial transactions and when all such disputes have been settled, it is just and proper to quash all the said proceedings.
In the result, this Crl.M.C. is allowed and Annexure-I F.I.R and Annexure-II final report and all further proceedings in C.C.No.3397 of 2013 before the Additional Chief Judicial Magistrate's Court, Thiruvananthapuram are quashed.
Sd/-
B.KEMAL PASHA, JUDGE.
AS /True copy/ P.A. to Judge