Petitioner is the accused in C.C.No. 94/2013 on the file of the Juvenile Justice Board, Kasaragod. The case was registered on the basis of a complaint made by the second respondent, who is the defacto complainant alleging offence punishable under Sections 143, 147, 148, 452, 427, 506(ii) read with 149 IPC by the Station House Officer, Hosdurg Police Station in Crime No. 88/2012. It is submitted by learned counsel for the petitioner that the matter has already been settled with the second respondent, who is none other than his neighbour and that the second respondent does not want to prosecute the matter further. Annexure A2 is the affidavit sworn by the defacto complainant. Therefore, the petitioner prays an order to quash all further proceedings pending in C.C.No. 94/2013 on the file of Juvenile Justice Board, Kasaragod. 2. I heard the arguments of learned counsel for the petitioner, learned Public Prosecutor for the first respondent and Crl.M.C.. No. 2564/2014 2 learned counsel for the second respondent. Learned counsel for the second respondent submits that the matter has already been settled between the petitioner and the second respondent and the second respondent does not want to prosecute the matter further.
3. The allegation made against the petitioner is commission of offence punishable under Sections 143, 147, 148, 452, 427, 506(ii) read with 149 IPC. Now, going by Annexure A2 affidavit filed by the second respondent, who is the defacto complainant, the entire dispute between the petitioner and the said respondents has already been settled and the second respondent does not want to prosecute the complaint made against the petitioner further.
4. In such circumstance, this is a fit case in which the proceedings in C.C.No. 94/2014 on the file of the Juvenile Justice Board, Kasaragod can be quashed by this Court invoking powers under Section 484 IPC, in view of the principle laid down by the Apex Court in Gian Sing Vs. State of Punjab [2012(4 KLT- 108(SC)].
Crl.M.C.. No. 2564/2014 3 In the result, this Crl.M.C. is allowed and all further proceedings against the petitioner in C.C.No. 94/2013 on the file of the Juvenile Justice Board, Kasaragod is quashed.
Crl.M.C. is allowed.
Sd/-
ANIL K. NARENDRAN JUDGE sd // True Copy // P.A. to Judge