The petitioners are the accused in Crime No.140 of 2007 of Vellarda Police Station. The said case is registered under Sections 120B and 366A read with Section 34 of the IPC. The petitioners seek to quash the Final Report in the said case and all further proceedings pursuant to the same pending before the Assistant Sessions Court, Neyyattinkara in S.C. No.2251 of 2008.
2. The case referred to above is one registered based on a statement given by the first respondent. The allegation against the accused in the said case is that they have kidnapped the second respondent on 22.05.2007. It is stated in the Memorandum of Criminal Miscellaneous Case that the disputes between the petitioners and respondents 1 and 2 have been amicably settled. Affidavits to that effect of respondents 1 and 2 are also produced along with the Criminal Miscellaneous Case as Annexures B and C.
3. Heard the learned counsel for the petitioners, the learned Crl.M.C. No.7364 of 2014 2 counsel for respondents 1 and 2 and the learned Public Prosecutor.
4. In the said circumstances, having regard to the decisions of the Apex Court in Madan Mohan Abbot v. State of Punjab [2008(3) KLT 19(SC)] and Narinder Singh and others v. State of Punjab and another (2014(4) SCALE 195), I am of the view that the prayer of the petitioners needs to be granted in the interests of justice. Accordingly, the Final Report and all further proceedings in Crime No.140 of 2007 of Vellarda Police Station pending before the Assistant Sessions Court, Neyyattinkara in S.C. No.2251 of 2008 are quashed.
The Criminal Miscellaneous Case is disposed of as above.
smv Sd/-
P.B.SURESH KUMAR, JUDGE.