The petitioner herein the sole accused in C.C No.696 of 2011 (Crime No.808 of 2011 of Peechi Police Station) before the Judicial First Class Magistrate Court-II, Thrissur. Crime in the said case was registered under Sections 415, 417, 418 and 420 of Indian Penal Code on the complaint of one Shaiju, filed before the learned Magistrate. The said complaint was forwarded for investigation to the police under Section 156 (3) of the Code of Criminal Procedure. In fact, the transaction is concerning sale of an immovable property. The complainant's grievance is that the petitioner herein sold the said property to him by suppressing some liabilities. He came to know of such liability only when the creditor (Bank) initiated proceedings. The petitioner now seeks orders under Section 482 of the Code of Criminal Procedure quashing the prosecution on the ground that the dispute now stands amicably settled out of court, and that the complainant has no grievance or complaint now. It is Crl.M.C No.4859 of 2014 2 also reported that the debtor has discharged the full liability towards the bank. The de facto complaint Shaiju is the 2nd respondent in this proceeding. He has filed affidavit to the effect that he has no grievance or complaint, and that the matter stands amicably settled. Of course the Bank is not a party here. However, orders passed by this Court quashing the prosecution will not in any manner affect the rights of the Bank, if any, amount is due to the Bank. I am well satisfied that the parties have really come to terms, and that the complainant has no grievance or complaint now. Of course, the complainant has alleged cheating, but it remains unanswered why, or how he happened to purchase the property without fully verifying the liabilities. It is really doubtful whether this is in fact a case of cheating. Anyway, the matter stands amicably settled, and the complainant does not want to continue the prosecution. I am well satisfied that the settlement is real and genuine, and that continuance of prosecution will not serve any purpose. In the result, this petition is allowed. The prosecution against the petitioner in C.C No.696 of 2011 of the Judicial Crl.M.C No.4859 of 2014 3 First Class Magistrate Court-III, Thrissur will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioner will stand released from prosecution, and the bail bond, if any, executed by her will stand discharged.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge