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Judgment
K.Haripal, J
This is an application filed under Section 482 of the Cr.P.C. Petitioners are the accused in Crime No. 1172 of 2013 of Chengamand Police Station, which was registered alleging offence punishable under Sections 406, 420, 463, 464, 465, 471 read with Section 34 of the IPC.
It is alleged that, on 29.11.2013, petitioners with the intention of cheating and obtain unlawful gain, created document in favour of the 2nd respondent, on the mis representation that the subject property belonged to the accused persons. Thus Annexure A2 complaint was preferred before Court on the basis of which the crime was registered alleging very same offence. Thereafter on conclusion of investigation charge sheet has been laid before the Judicial First Class Magistrate, Court I, Aluva, where the case has been taken on file as C.C.No. 1235 of 2015.
Now the petitioners contend that, the matter has been settled with the 2nd respondent, the defacto complainant. In support of the said contention, Annexure A4 affidavit of the defacto complainant has also been produced.
I heard the learned counsel for the petitioner and also the learned Senior Public Prosecutor.
On the very face of the allegations, it is a private dispute between the petitioners on the one hand and the 2nd respondent on the other. That dispute has been settled out of Court and now even the defacto complainant does not want to pursue the proceedings. He has stated that the matter has been settled and he does not intend to proceed against the applications.
It is certain that it was a private dispute. No public interest is involved in the matter. So long as the 2nd respondent has informed that he has settled the matter with the accused persons, there is no purpose in proceeding further. In the circumstances, in exercise of jurisdiction under Section Section 482 of the Cr.P.C, further proceedings can be quashed.
The petition is allowed. All proceedings pursuant to Crime No.1172 of 2013 of Chengamand police station are here by quashed.
Criminal Miscellaneous Case is allowed as above.