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Judgment
Petition under Section 482 of the Code of Criminal Procedure.
The petitioner is the accused in Crime No. 207 of 2019 of Kumbla Police Station registered for the offences punishable under Sections 448, 341,
324 and 354 of Indian Penal Code.
It is submitted by the learned counsel for the petitioner that due to some misunderstanding, the defacto complainant has given information to the 3rd
respondent which resulted in the registration of the crime. It is also submitted that the parties have resolved the entire disputes among themselves and
as such there is no subsisting dispute between them. Therefore, this petition to quash the Annexure A2 Final Report.
Learned counsel appearing for the 1st respondent has submitted that she has absolutely no grievance or complaints against the petitioner. Annexure
A3 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.
Heard both sides and perused the records.
On hearing the submissions of all concerned, 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 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 A2 final report in C.C. No. 977 of 2019 on the file of the Judicial First Class Magistrate-II, Kasaragod arising
from Crime No.207 of 2019 of Kumbla Police Station will stand quashed as prayed for.