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Judgment
7 paragraphs · 343 wordsPetition under Section 482 of the Code of Criminal Procedure.
The petitioner is the accused in Crime No. 434 of 2018 of Varapuzha Police Station registered for the offences punishable under Sections 448, 354 and 294(b) of Indian Penal Code.
It is submitted by the learned counsel for the petitioner that the parties have resolved their entire disputes among themselves and as such there is no subsisting dispute between them. Therefore, this petition to quash the Annexure A1 final report in Crime No.434 of 2018 of Varapuzha Police Station and all further proceedings in C.C. No. 330 of 2018 of Judicial First Class Magistrate Court-III, North Paravur.
Learned counsel appearing for the 2nd respondent/defacto complainant has submitted that she has absolutely no grievance or complaints against the petitioner. Annexure A2 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, 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 this 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, Annexure A1 final report in Crime No.434 of 2018 of Varapuzha Police Station and all further proceedings in C.C. No. 330 of 2018 of Judicial First Class Magistrate Court-III, North Paravur will stand quashed as prayed for.