Petitioners are the accused in Crime No.21 of 2014 of Alathur Police Station registered under Sections 363 and 395 of the Indian Penal Code. The charge filed by the police is pending in committal proceedings as C.P. No.18 of 2014 on the file of Judicial First Class Magistrate Court, Alathur. The allegation in short against the petitioners, is that on 5.1.2014 they kidnapped CW2 with an intention to commit robbery due to animosity for not arranging Visa to accused Nos.1 to 3.
2. Heard the learned counsel for the petitioners, the learned Public Prosecutor and the learned counsel for the de facto complainant.
Crl.M.C. No.2581 of 2014 :2:
3. Annexure Nos. B and C are the affidavits filed by first respondent/de facto complainant and the second respondent/ injured. It is mentioned in the affidavits that the dispute related to a monitory transaction between the parties. It is also stated that the dispute arose out of a temperamental difference and now the matter has been settled between the parties. The de facto complainant and the injured are not intending to continue the prosecution. The learned counsel for the de facto complainant also submitted that they have entered into an agreement, which is marked as Annexure D. Considering the nature of allegations and the fact that the parties have completely settled the matter, I find no purpose in proceeding with the prosecution.
In the result, the petition is allowed. The final report report in (Annexure A) in crime No.21 of 2014 of Alathur Police Station pending in C.P. No.18 of 2014 on the file of the Crl.M.C. No.2581 of 2014 :3:
Judicial First Class Magistrate Court, Alathur, is hereby quashed.
A.HARIPRASAD, (JUDGE) dl/