The petitioners are the accused in Crime No.761 of 2014 of Kundara Police Station. The said case is registered under Sections 447, 294(b) and 506(ii) read with Section 34 of the IPC and Section 27 of the Arms Act. The petitioners seek to quash the Final Report in the said case and all further proceedings pursuant to the same pending before the Court of the Judicial Magistrate of the First Class - I, Kollam in C.C. No.1459 of 2014.
2. The case referred to above is one registered based on a statement given by the second respondent. The allegation against the accused in the said case is that they have threatened and intimidated respondents 2 and 3. It is stated in the Memorandum of Criminal Miscellaneous Case that the disputes between the petitioners and respondents 2 and 3 have been amicably settled. An affidavit to that effect of respondents 2 and 3 are also produced along with the Criminal Miscellaneous Case as Annexures 3 and 4.
Crl.M.C. No.7362 of 2014 2
3. Heard the learned counsel for the petitioners, the learned counsel for the second respondent 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.761 of 2014 of Kundara Police Station pending before the Court of Judicial Magistrate of the First Class - I, Kollam in C.C. No.1459 of 2014 are quashed.
The Criminal Miscellaneous Case is disposed of as above.
smv Sd/-
P.B.SURESH KUMAR, JUDGE.