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Judgment
Petition under Section 482 of the Code of Criminal Procedure.
The petitioners are the accused in C.C. No. 172 of 2019 on the file of the Judicial First Class Magistrate-II, Kasaragod for the offences punishable under Sections 143, 147, 148, 452, 323, 324, 149 of Indian Penal Code arising from Crime No. 44 of 2018 of Manjeshwar Police Station.
Heard both sides and perused the records.
The learned counsel for the petitioners submitted that due to the intervention of family members, 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 pursuant to Annexure A1 and Annexure A3.
Learned counsel appearing for respondents 2 and 3 has submitted that they have absolutely no grievance or complaints against the petitioners. Annexures A5 and A6 are the affidavits sworn to by them in support of the submission of the petitioners. The affidavits further indicate that they have 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 pursuant to Annexure A1 FIR and Annexure A3 final report in Crime No. 44 of 2018 of Manjeshwar Police Station, now pending as C.C. No. 172 of 2019 on the file of the Judicial First Class Magistrate-II, Kasaragod will stand quashed as prayed for.