High CourtsSingle Bench(2021) 07 KL CK 0072

M/s.Palakkad Rollar Flour Mill Pvt. Ltd vs State Of Kerala

High Court Of Kerala · Decided on 5 July 2021

HON’BLE JUDGES
Ashok Menon, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Application No. 2812 Of 2021

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Judgment

14 paragraphs · 289 words

Ashok Menon, J

Petitioners are accused Nos.1 and 2 in Crime No.1786/2014 of Town South Police Station, Palakkad for having allegedly committed the offences

punishable under Sections 406, 415 and 420 IPC. The final report has already been filed and taken on files of the Chief Judicial Magistrate Court,

Palakkad and it is presently pending as C.C.No.124/2016. The defacto complainant and the aggrieved is the third respondent herein. The petitioners

states that the matter has been amicably settled and an agreement has been drawn between the accused and the defacto complainant as evident from

Annexure A3. In view of the settlement of the matter, the entire proceedings may be quashed. The defacto complainant, the second respondent has

appeared through counsel and has admitted that the matter has been settled as per the agreement which has been produced and an affidavit has also

been filed as Annexure A4 supporting the petition and states that he has no objection in quashing the proceedings against the petitioner. The learned

Public Prosecutor was also heard and he has under instructions submitted that the matter has been amicably settled. The petitioners do not have any

criminal antecedents. There were some civil disputes and criminal cases against the petitioners in connection with a complaint which was lodged by

the defacto complainant and now that has been settled. There is no purpose in proceeding with the prosecution against the petitioners. There is no

public interest involved. Hence the petition is allowed.

In the result, the Crl.M.C is allowed. The entire proceedings as against the petitioners in C.C.No124 of 2016 on the files of the Chief Judicial

Magistrate Court, Palakkad stands quashed under Section 482 of the CRPC and the accused are discharged and set at liberty.