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Judgment
C. Pratheep Kumar J
This is a petition filed under Section 482 of the Code of Criminal Procedure, by the accused in Crime No.1127 of 2022 of the Central Police Station, Ernakulam which is pending as CC. No.129 of 2022 on the file of the Chief Judicial Magistrate Court, Ernakulam. The offences alleged against the petitioners are punishable under Section 420 of the Indian Penal Code.
The prosecution case is that on 7.9.2022, the accused after purchasing materials from the shop of the 2nd respondent, did not effect the payment and the transaction effected through credit card of the 1st accused is not credited to the account of the shop. Based on the same, the de facto complainant lodged a complaint before the police.
According to the petitioners, the dispute have been settled with the defacto complainant, the respondent No.2. All of them agreed to drop all further proceedings relating to the above dispute. Therefore, he prayed for quashing all further proceedings in Annexures 1 and 2.
The Defacto complainant filed affidavit endorsing the averments in the Criminal MC. According to him, the case has been amicably settled and that he does not intend to proceed with the case and also that further proceedings in the case can be quashed. He has no further grievance against the petitioners.
Learned Public Prosecutor also stated that the dispute has been settled between the parties and hence further proceedings in the case can be quashed. Signed statement of the defacto complainant also have been filed, which substantiates the averments in his affidavit.
Considering the fact that the offences under section 420 of the Indian Penal Code involved in this case is not heinous and very serious in nature, and the dispute has been settled between the petitioners and defacto complainant, this is a fit case in which further proceedings can be quashed.
In the result, This Crl. M.C is allowed. All further proceedings in CC. No.129 of 2022 on the file of the Chief Judicial Magistrate Court, Ernakulam arising from Crime No.1127 of 2022 of Central Police Station, Ernakulam is quashed.