Application filed under Section 482 of the Code of Criminal Procedure.
2. The accused in C.C No.275 of 2013 of the Judicial First Class Magistrate's Court, Payyannur has come up with the prayer to get Annexure-I final report in Crime No.61 of 2013 of Payyannur Police Station, quashed. The second respondent herein is the de facto complainant. The final report has been filed for the offences punishable under Sections 341, 323, 294 (b) and 506(i) r/w Section 34 of the Indian Penal code.
3. The de facto complainant has filed an affidavit stating that the matter involved has been amicably settled between the parties and presently there are no disputes at all between them. According to the second respondent, he has no complaints against the petitioner.
4. The allegation against the petitioner is that on 18.01.2013 at about 01.15 p.m., he had wrongfully restrained
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2 the de facto complainant on the road and abused him and slapped him after criminally intimidating him. The only non- compoundable offence involved is the one under Section 294 (b) of the Indian Penal Code. The final report does not reveal necessary ingredients for constituting an offence under Section 294(b) of the Indian Penal Code.
5. Heard the learned counsel for the petitioner, the learned counsel for the second respondent and the learned Public Prosecutor.
6. When the matter has been amicably settled between the parties and as the second respondent has no complaints against the petitioner, there is no meaning in proceeding with the matter further and therefore, Annexure-I final report in Crime No.61 of 2013 of the Payyannur Police Station and all further proceedings in C.C No.275 of 2013 of the Judicial First Class Magistrate's Court, Payyannur can be quashed.
In the result, this Crl.M.C. is allowed and Annexure-I final report in Crime No.61 of 2013 of Payyannur Police Station and all further proceedings in C.C No.275 of 2013 based on it
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3 pending before the Judicial First Class Magistrate's Court, Payyannur are quashed.
Sd/-
B.KEMAL PASHA, JUDGE.
AS /True copy/ P.A. to Judge