SAMEER A Vs. STATE

JUDGEMENT

(1.) PETITIONER is accused in C.P. No.144 of 2010 of the court of learned Judicial First Class Magistrate-II, Hosdurg in Crime No.196 of 2010 of Bakel police for offences punishable under Sections 324 and 308 of the Indian Penal Code (for short, "the Code"). That case was registered on a complaint filed by respondent No.2 alleging that on March 19, 2010 at about 10.45 p.m while he was travelling in a Scorpio Car petitioner demanded Rs.500/-, tried to take away money from him and attempted to cause his death by assaulting with a soda bottle. Police investigated the case and submitted final report alleging offences as above stated. PETITIONER has filed this petition under Section 482 of the Code of Criminal Procedure stating that the matter is settled with respondent No.2 and that there is no proper identification of the assailant. I have heard learned counsel for petitioner, respondent No.2 and the learned Public Prosecutor.

(2.) LEANED counsel for petitioner and respondent No.2 states that in view of the settlement reached between parties it is not necessary to proceed with the proceeding in C.P. No.144 of 2010 as it involved only waste of energy and time. It is pointed out by learned counsel for petitioner from Annexure AIII(a), statement of the Medical Officer who examined respondent No.2 that the latter had not sustained any visible injury in the alleged incident but had only complaint of severe pain. According to the Medical Officer the 'injury' is simple in nature.