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Binu P.N

High Court Of Kerala|15 December, 2014
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JUDGMENT / ORDER

Petitioners, who are accused in Crime No.1025/13 of the Sultans Battery Police Station which is presently pending as C.C.No.76/2014 of the Judicial First Class Magistrate's Court-I, Sultans Battery, have come up with this Crl.M.C. under Section 482 Cr.P.C. to get Annexure-I FIR in the crime and all further proceedings based on it in C.C.76/2014 pending before the said court, quashed.
2. Crime No.1025/13 was registered for the offences punishable under Sections 143, 147, 341, 294(b) and 354 read with Section 149 of the Indian Penal Code. The allegation against the petitioners is that on 16.11.2013 at 2 p.m., they obstructed the scooter on which the defacto CRL.M.C.No.6276 of 2014 -: 2 :-
complainant was riding and released the air from its tyres and also abused her. According to the petitioners, the defacto complainant is their neighbour, and they have amicably settled the matter and presently the defacto complainant has no complaints against them.
3. Heard learned counsel for the petitioners, the learned counsel for the defacto complainant, who is the 1st respondent herein, and the learned Public Prosecutor.
4. The defacto complainant has filed an affidavit affirming that the petitioners are her neighbours and they have amicably settled the matter and presently she has no complaints against the petitioners. She has entered appearance through her counsel. The learned counsel for the defacto complainant also endorses the fact that the affidavit has been sworn in by the defacto complainant herself and that presently the matter has been amicably settled between the parties.
5. When the matter has been amicably settled CRL.M.C.No.6276 of 2014 -: 3 :-
between the parties and the defacto complainant has no complaints against the petitioners, it is only just and expedient in the interest of justice to quash the proceedings referred to above.
In the result, this Crl.M.C. is allowed and Annexure-I FIR in Crime No.1025/13 of the Sultan Battery Police Station and all further proceedings on it in C.C.No.76/2014 of the Judicial First Class Magistrate's Court-I, Sultan Battery, are hereby quashed.
ul/-
Sd/- B.KEMAL PASHA, JUDGE [True copy] P.S. to Judge
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Title

Binu P.N

Court

High Court Of Kerala

JudgmentDate
15 December, 2014
Judges
  • B Kemal Pasha