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State Of Kerala

High Court Of Kerala|15 December, 2014
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JUDGMENT / ORDER

The petitioners herein are the four accused in Crime No.2213 of 2014 of Angamaly Police Station registered under Sections 406, 420, 463, 471 and 506 (1) of Indian Penal Code on the complaint of one Devis. The petitioners seek orders under Section 482 of the Code of Criminal Procedure on the ground that they and the complainant have come to terms amicably out of court. The de facto complainant Devis is the 2nd respondent herein. He has filed affidavit to the effect that he has settled the whole dispute with the accused and he has no grievance or complaint. I am well satisfied that the dispute is really personal in nature concerning some loan transaction, and the blank documents furnished by the 2nd respondent by way of security. Though offences under Sections 463 and 471 are alleged, definite materials are not there to attract those sections. I find that the loan transaction between the firm of the petitioners and the 2nd respondent led to some Crl.M.C No.5675 of 2014 2 dispute, and on some misapprehension the 2nd respondent made a complaint. Anyway, the parties have come to terms amicably out of court, and the complainant has no grievance or complaint now. I find that continuance of further proceeding in the crime will do harm and hardship to both the parties, and it will not serve any purpose also. 2. The trend of the recent decisions of the Hon'ble Supreme Court is that even at crime stage the High Court can quash prosecution, if continuance of prosecution will be an abuse of process of law, or when the parties have really settled the whole dispute amicably.
In the result, this petition is allowed. The F.I.R and further proceedings in Crime No.2213 of 2014 of Angamaly Police Station as against the petitioners herein will stand quashed under Section 482 of the Code of Criminal Procedure.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge
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Title

State Of Kerala

Court

High Court Of Kerala

JudgmentDate
15 December, 2014
Judges
  • P Ubaid