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Judgment
8 paragraphs · 356 wordsPetition under Section 482 of the Code of Criminal Procedure.
The petitioner is the accused in S.T. No. 569 of 2019 on the file of the Judicial First Class Magistrate-IV, Kozhikode registered for the offences punishable under Sections 448, 323 and 294(b) of Indian Penal Code arising from Crime No. 10 of 2019 of Vanitha Police Station, Kozhikode.
Heard both sides and perused the records.
The learned counsel for the petitioner 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 S.T. No.569 of 2019.
Learned counsel appearing for the 1st respondent has submitted that she has absolutely no grievance or complaints against the petitioner. Annexure F is the affidavit sworn to by her in support of the submission of the petitioner. 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 petitioner. Moreover, no public interest is involved in the case and there is no legal impediment in granting the prayer as sought for by the petitioner. 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 S.T. No. 569 of 2019 on the file of the Judicial First Class Magistrate-IV, Kozhikode arising from Crime No. 10 of 2019 of Vanitha Police Station, Kozhikode will stand quashed as prayed for.