HARSHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case is filed by the first accused in Crime No.200/2014 of Valancherry police station to quash the proceedings on the basis of settlement under Section 482 of the Code of Criminal Procedure.

(2.) It is alleged in the petition that the petitioner has been arrayed as the first accused in Crime No.200/2014 of Valancherry police station alleging offences under Sections 323, 341, 342 and 506(i) read with Section 34 of the Indian Penal Code. According to the petitioner, he is absolutely innocent and he has never committed any offence and there was no overt act alleged against him as well. The defacto complainant has no grievance against the petitioner also. The defacto complainant now realised the innocence of the petitioner and he has filed an affidavit stating these facts as well. According to him, the petitioner has been falsely implicated in the case by mistaken identity. So, allowing the case to continue is of no use. As it is at the crime stage, neither the court below nor the police will drop the proceedings. So the petitioner has no other remedy except to approach this Court seeking the following reliefs:

(3.) The second respondent appeared through counsel and submitted that he has no grievance against the petitioner and he has given the petitioner's name by mistaken identity. Now he has realized the fact and he has filed an affidavit also stating these facts.