The petitioners herein are the three accused in C.C.No.352/2013 filed before the Judicial First Class Magistrate Court-II, Aluva. It is submitted that the case now stands transferred to Judicial First Class Magistrate Court, Angamally, on establishment of a Court there recently. Offences involved are under sections 420, 468, 471 and 120B IPC.
2. The first informant, on whose complaint the crime was registered, is one Suresh Babu. The petitioners seek orders quashing the prosecution on the ground that they and Suresh Babu have come to terms amicably and the whole dispute stands settled out of Court.
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3. The first informant Suresh Babu is the 2nd respondent herein. He has filed affidavit to the effect that he has settled the dispute between the accused and he has no grievance or complaint. I am well satisfied that the parties have really settled the matter. Though offences under section 468 and 471 IPC are alleged by the complainant, the dispute is, in fact, purely personal in nature. In such a situation, continuance of prosecution will do harm and hardship to both sides. It will not serve any purpose other than wasting the precious time of the trial court, because nobody will support the prosecution, if the case goes to trial.
In the result the petition is allowed. The prosecution against the petitioners in C.C.No.352/2013 of Judicial First Class Magistrate Court-II, Aluva, which now stands transferred to the Court of Judicial First Class Magistrate, Angamaly, will stand quashed under section 482 Cr.P.C.
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Accordingly, the petitioners will stand released from prosecution, and the bail bond, if any, executed by them will stand discharged.
Sd/- P.UBAID, JUDGE jjj