This petition is filed under section 482 Cr.P.C. with following prayers :
“In the circumstances, it is most humbly prayed that this Hon'ble Court may be pleased to quash the entire proceedings in proceedings in C.P.No.58/2013 arising out of Crime No.963/2011 of Kondotty Police Station, in the interests of justice.”
2. The petitioner is the accused in Crime No.963/2011 of Kondoty Police Station registered under section 376 and 313 IPC. The Police after investigation filed a charge sheet before the court and the matter is pending in committal proceedings as C.P.No.58/2013 on the file of the court of Judicial First Class Magistrate-Malappuram. Learned counsel for the petitioner submitted that subsequent to the filing of this petition, the learned Magistrate has committed the case to the court of Sessions, but no number Crl.M.C.No.1552 of 2014 2 has been assigned.
3. Heard the learned counsel for the petitioner, the learned counsel appearing for the de facto complainant and the learned Public Prosecutor.
4. Annexure A is the charge sheet filed by the Police and Annexure B is the affidavit sworn to by the de facto complainant stating that she has no subsisting grievance against the petitioner/accused. The affidavit reads as follows :
“1- I am the de facto complainant in Crime No.963/2011 Kondoty Police Station.
2- The offence alleged against the accused are u/s 376, 313 IPC.
3- The dispute between myself and the accused are settled amicably, and I have no further grievance against the accused, and I have no objection in quashing the proceedings against the accused, u/s 482 of the Code of Criminal Procedure.
4- The Session Court already received the case file and so far it is not numbered after committal.
5- As I got married, and further delay in culmination of the proceedings is fatal to my present matrimony. Hence it is necessary to quash the proceedings invoking the provisions as per section 482 of the Code of Criminal Procedure, for the ends of justice.”
On perusing the affidavit and also on hearing the parties, I Crl.M.C.No.1552 of 2014 3 find that continuation of the criminal proceedings will only result in miscarriage of justice. Therefore, this petition is allowed and Annexure A final report is hereby quashed.
Crl.M.C. is allowed accordingly.
A.HARIPRASAD, Judge ami/