~ ~ ~ ~ ~ ~ This is a petition filed under Section 482 of the Code of Criminal Procedure. 2. The accused in C.C.395/2014 of the Judicial First Class Magistrate's Court, Malappuram, which has arisen from Crime No.1088/2013 of Kottakkal Police Station, has come up to quash the proceedings against him in the crime as well as in the case before the court below.
3. The prosecution case is that on 10.12.2013 at 11 a.m., the accused, on account of his animosity towards the de facto complainant, abused the de facto complainant teacher at the veranda and staff room of Grace Valley College of Arts and Science, Maravattom. The petitioner is a student of the said College, who entertained enmity towards the de facto complainant teacher, as he was not provided attendance according to his choice. It is also Crl.M.C.6493/2014 : 2 :
alleged that he had criminally intimidated the de facto complainant.
4. Heard learned counsel for the petitioner, the learned counsel for the defacto complainant, who is the 1st respondent herein, and learned Public Prosecutor.
5. According to the petitioner, all the matters in dispute between the petitioner and the defacto complainant have been amicably settled on account of the intervention of the colleagues of the de facto complainant and other well wishers and, therefore, the de facto complainant does not want to proceed with the matter.
6. The defacto complainant, who is the 1st respondent herein, has filed an affidavit affirming that all the matters in dispute between her and the petitioner have been amicably settled and, therefore, she has no complaints against the petitioner and that she does not want to proceed with the prosecution in C.C.395/2014 before the court below.
7. The 1st respondent has entered appearance Crl.M.C.6493/2014 : 3 :
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 on her own volition and that the matter has been amicably settled.
8. When the matter involved has been amicably settled, this Court is of the view that it is only just and expedient in the interest of justice in a case like this to quash Annexure-A final report and all further proceedings based on it in C.C.395/2014 of the Judicial First Class Magistrate's Court, Malappuram in Crime No.1088/2013 of the Kottakkal Police Station.
In the result, this Crl.M.C. is allowed and Annexure-A Final Report in Crime No.1088/2013 of Kottakkal Police Station as against the petitioner and all further proceedings based on it in C.C.395/2014 pending before the Judicial First Class Magistrate's Court, Malappuram are hereby quashed.
aks/02/12 Sd/-
(B.KEMAL PASHA, JUDGE)