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Judgment
ORDER
This petitioner is the 2nd accused in L.P.No.86/2019 in C.C.No.918/2014 on the file of the Court of the Judicial First Class Magistrate -I, Palakkad, (‘Trial Court’, for short), which has been registered on the basis of a private complaint filed by the 1st respondent alleging the commission of the offences punishable under Sections 417, 420, 406 and 468 read with Section 34 of the Indian Penal Code, 1860.
This petition is filed to quash the complaint and all further proceedings in the above case, on the assertion that the case has been registered on the basis of a misunderstanding between the petitioner and the 1st respondent. In fact, the 1st accused in the crime is the father of the petitioner. The disputes between the parties have been settled. The entire amounts has been repaid to the 1st respondent and his wife has issued a receipt for the same. In light of the settlement, the entire proceedings may be quashed.
I have heard the learned counsel for the petitioner and the learned Public Prosecutor.
The principle contention of the petitioner is that, in view of the settlement arrived at between the petitioner and the 1st respondent, the entire proceedings may be quashed.
Undisputedly, the 1st respondent has not appeared before this Court and has not filed any affidavit reporting the settlement as per the law laid down by Hon’ble Supreme Court, in Gian Singh v. State of Punjab [(2012) 10 SCC 303], State of Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC 688], Naushey Ali v. State of U.P. [(2025) 4 SCC 78]
In view of the non-filing of the affidavit and the reluctance of the 1st respondent to appear before this Court and report the settlement, I am not satisfied that this is a fit case to exercise the inherent powers of this Court under Section 482 of the Code of Criminal Procedure.
Resultantly, this petition is dismissed, but by reserving the right of the petitioner to raise all the contentions before the Trial Court. The Registry is directed to communicate a copy of this order to the Trial Court, which in turn is directed to consider and dispose the case, in accordance with law and as expeditiously, as possible.