Petitioner is the accused in Crime No.2166/2013 of the Palluruthy Police Station, Ernakulam registered for the offence punishable under Sections 279, 506 and 294(b) of the Indian Penal Code.
2. Petitioner has come up with this Crl.M.C. under Section 482 Cr.P.C. to get Annexure-A FIR and Annexure-B final report FIR in Crime No.2166/2013 of the Palluruthy Police Station, Ernakulam and all further proceedings based on it in C.C.1339/2014 pending before the Judicial First Class Magistrate's Court-II, Kochi, quashed.
3. The allegation against the petitioner is that the petitioner drove his car in a rash and negligent manner by CRL.M.C.No.6820 of 2014 -: 2 :-
obstructing the car that was being driven by the 2nd respondent herein and abused the 2nd respondent. According to the petitioner, the matter has been amicably settled between him and the defacto complainant, and that the defacto complainant has no complaints against him at present.
4. Heard learned counsel for the petitioner, the learned counsel for the defacto complainant, who is the 2nd respondent herein, and the learned Public Prosecutor.
5. According to the petitioner, all the matters in dispute between the petitioner and the defacto complainant have been amicably settled and presently the defacto complainant has no complaints against the petitioner and, therefore, the proceedings against the petitioner may be quashed.
6. The defacto complainant, who is the 2nd respondent herein, has filed an affidavit affirming that the matter has been amicably settled between them and she CRL.M.C.No.6820 of 2014 -: 3 :-
has no complaints against the petitioner. She has entered appearance 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 and that the matter is amicably settled between the parties.
7. As the matter has been amicably settled between the parties, it is only just and expedient in the interest of justice to quash the proceedings referred to above.
In the result, this Crl.M.C. is allowed and Annexure-A FIR and Annexure-B final report FIR in Crime No.2166/2013 of the Palluruthy Police Station, Ernakulam and all further proceedings based on it in C.C.1339/2014 pending before the Judicial First Class Magistrate's Court-II, Kochi are hereby quashed.
ul/-
Sd/- B.KEMAL PASHA, JUDGE [True copy] P.S. to Judge