Petitioner is the 5th accused in Crime No.188 of 1994 of Ettumanoor Police Station, which is pending in L.P.No.10 of 2009 before the Judicial First Class Magistrate Court, Ettumanoor. The offences alleged against the petitioner and other accused are punishable under Sections 392, 450 and 414 read with Section 34 of the Indian Penal Code. Prosecution case is that accused 1 to 4 on 20.09.1993 trespassed into the house of the defacto complainant and criminally intimidated him at the point of a dagger, robbed gold ring and other valuables. The specific allegation against the petitioner, who is the 5th accused, is that he along with the 6th accused, received stolen property with the knowledge that the same was stolen.
2. Heard the learned counsel for the petitioner and the learned counsel for the 2nd respondent, who is the defacto complainant in the case and also the learned Public Prosecutor.
3. Annexure-B is the affidavit sworn to by the defacto complainant stating that he has no subsisting grievance against the petitioner. Annexure-C is the judgment of the trial court in C.C.No.137 of Crl.MC No.2597/2014 2 1999 of the Judicial First Class Magistrate Court, Ettumanoor, wherein the 3rd accused was tried and acquitted. Learned counsel appearing for the defacto complainant submitted that he has no grievance against the petitioner/accused and the prayer in the petition may be allowed. Considering the entire matter, I find that the prayer is allowable.
In the result, petition is allowed. Annexure-A final report in Crime No.188 of 1994 of Ettumanoor Police Station, which is pending in L.P.No.10 of 2009 on the file of the Judicial First Class Magistrate Court, Ettumanoor, insofar as it relates to the petitioner, is hereby quashed.
All pending interlocutory applications will stand dismissed.
A. HARIPRASAD, JUDGE.
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