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Judgment
K.Haripal, J
Petitioner is the accused in Crime No. 2162/2021 of Kothamangalam Police Station which was registered on 24.08.2021 alleging offence under Section 380 of the Indian Penal Code, on account of theft of a mobile phone worth Rs. 27,000/-. The learned counsel for the petitioner submits that the petitioner and the second respondent/defacto complainant are friends and natives of Assam, they came to Kerala in search of job and were sharing the very same room. Meanwhile, the mobile phone of the second respondent was found missing and that was how the crime was launched. Now the matter has been settled between the parties. The petitioner is still in judicial custody. The learned counsel for the petitioner submits an affidavit sworn by the second respondent has been produced.
I heard the learned counsel for the petitioner, the learned Senior Public Prosecutor and also the learned counsel for the second respondent.
The affidavit indicates that the crime was launched on a misunderstanding, his phone was misplaced and he has no further complaint against the petitioner.
In the light of the averments in Annexure A2, there is no meaning in continuing the proceedings. The petitioner is in judicial custody. In the light of the clear averments of the second respondent/defacto complainant, there is no meaning in conducting further proceedings. He is the master of the proceeding. As long as he has settled the case with the accused, entire proceedings in Crime No. 2162/2021 can be quashed.
All proceedings in Crime No. 2162/2021 of Kothamangalam Police Station are hereby quashed and the petitioner is entitled to be released from custody forthwith, exonerating from the allegations.
Crl. M.C. is allowed as above.