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Judgment
Petition under Section 482 of the Code of Criminal Procedure.
The petitioners are accused Nos. 1 and 2 in C.C. No. 2220 of 2015 on the file of the Judicial First Class Magistrate, Kakkanad for the offences punishable under Sections 341, 294(b), 448 506(i) and 34 of Indian Penal Code arising from Crime No. 288 of 2015 of Thrikkakara Police Station.
Heard both sides and perused the records.
The learned counsel for the petitioners submitted that the case has been instituted by the defacto complainant on some misunderstanding and now the parties have resolved their entire dispute among themselves and as such there is no subsisting dispute between them. Therefore, this petition to quash all further proceedings in C.C. No. 2220 of 2015.
Learned counsel appearing for the 2nd respondent has submitted that she has absolutely no grievance or complaints against the petitioners. Annexure 2 is the affidavit sworn to by her in support of the submission of the petitioners. The affidavit further indicates that she has no intention to pursue the matter further.
The learned Public Prosecutor has reported that the prosecution has no serious objection in allowing the petition. It is also submitted that as the dispute has been amicably settled, the possibility of conviction is remote and bleak and therefore, no useful purpose would be served in proceeding with the case.
On hearing the submissions of all concerned and on perusal of the records as well on consideration of the special facts and circumstances involved in this case, I find that no fruitful purpose is likely to be served by proceeding with the matter against the petitioners. Moreover, no public interest is involved in the case and there is no legal impediment in granting the prayer as sought for by the petitioners. Therefore, for the purpose of securing the ends of justice, this Crl.M.C. is only to be allowed.
For the foregoing reasons, all further proceedings in C.C. No. 2220 of 2015 on the file of the Judicial First Class Magistrate, Kakkanad arising from Crime No. 288 of 2015 of Thrikkakara Police Station will stand quashed as prayed for.