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Judgment
K.Haripal, J
This is a petition for quashing the proceedings in C.C. No. 1039/2016 pending before the Judicial First Class Magistrate Court - II, Kollam which is based on the final report in Crime No. 3213/2015 of Kollam East Police Station. That crime was registered alleging offence under Sections 447, 294(b) read with 34 of the Indian Penal Code against the petitioners, who are the accused. Now the petitioners want to quash the proceedings on the plank that the matter has been settled with the second respondent, defacto complainant. In support of the contention, an affidavit also has been produced as Annexure A2 which indicates that the dispute is amicably settled and that he has no grievance against the petitioners. He has asserted that he does not want to proceed with the prosecution.
I heard the learned counsel on both sides.
The charge sheet also indicates that the petitioners are the accused in the crime which was initiated by the second respondent who has stated that he does not want to pursue the case. In the circumstances, it is idle to proceed with C.C. No. 1039/2016 pending before the learned Judicial First Class Magistrate - II, Kollam. Offences alleged are rather minor also. In the circumstances, since the defacto complainant himself has condoned the acts of the accused, no purpose will be served by proceeding with the case.
In the result, all proceedings pursuant to C.C. No. 1039/2016 on the files of the Judicial First Class Magistrate - II, Kollam are hereby quashed.
The Crl.M.C. is allowed as above.