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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 Nos.1 to 4, which is pending as CC. No.280 of 2022 on the file of the Judicial First Class Magistrate Court III, North Paravur. The offences alleged against the petitioners are punishable under Sections 406, 420 and 120B of the Indian Penal Code.
The prosecution case is that the de facto complainant received an amount of Rs.11,05,250/- from the petitioners and paid back the same with interest. It is submitted that even after the payment of the amount, the petitioners, did not returned the cheque leaves, stamp paper and revenue stamp affixed in the white paper signed by the de facto complainant at the time of advancing the said amount. Thus they have committed the offences of criminal breach of trust as well as cheating.
According to the petitioners, the dispute has been settled with the defacto complainant/victim, 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 Annexure A1.
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 sections 406, 420 and 120(B) of the Indian Penal Code involved in this case are 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.280 of 2022 on the file of the Judicial First Class Magistrate Court III, North Paravur is quashed.