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Judgment
15 paragraphs · 285 wordsAshok Menon, J
The petitioner is the first accused in Crime No.97/2016 of Nadapuram Police Station, for having allegedly committed the offences punishable under
Sections 143, 147,148, 341, 323, 324 & 308 read with Section 149 of the IPC.
The injured defacto complainant is the third respondent herein. The petitioner states that the matter has been amicably settled between the
petitioner and the defacto complainant third respondent. Therefore, the entire proceedings as against him may be quashed under Section 482 CRPC.
The defacto complainant third respondent has appeared through counsel and filed affidavit at Annexure A3 stating that he has no grievance against
the petitioner and that he has no objection in quashing the proceedings charged against the petitioner.
The learned Public Prosecutor has also got instructions regarding the genuineness of the settlement. The petitioner has one more criminal
antecedents according to the learned Public Prosecutor. But that is an offence under Sections 447 and 427 and he stands acquitted in that crime.
Therefore, it cannot be stated that he has criminal antecedents. Even though an offence under Section 308 has been incorporated in this crime, there is
no serious injury sustained by the defacto complainant and he has no grievance also. Under such circumstances, I find that no purpose will be served
by proceeding with the trial as against the petitioner. There is no public interest involved.
In the result, the Crl.M.C is allowed. The entire proceedings in Crime No.97 of 2016 of Police Station presently pending
as S.C. No.337/2019 on the file of the Assistant Sessions Court, Vadakara as against the petitioner stands quashed under Section 482 of the CRPC
and the petitioner herein is discharged and set at liberty.