The court has the power to quash criminal proceedings where the continuation of the case is unnecessary and the interests of justice are served.

This Criminal Miscellaneous Case is filed to quash the proceedings in Crime No.586/2016 of the Vidyanagar Police Station, Kasaragod. The above case is registered alleging offence punishable under Section 379 IPC .

2.The prosecution case is that the petitioner, who was examined as a witness, produced a document as Ext.A10 in O.P.(MV) No.106/2014 before the Additional Motor Accident Claims Tribunal, Kasaragod. But, without entrusting the document to the court officers, the petitioner left the court. Thereafter, the crime was registered based on a complaint by the District Judge, Kasaragod in the light of the submissions made by the Bench Clerk Gr.I of the Additional District & Sessions Court-II, Kasaragod. Thus, the accused is alleged to have committed the offence.

3.Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4.According to the petitioner, the facts leading to the registration of the FIR is mere omission on his part without any bad intention. It is submitted that the petitioner in his capacity as Medico Legal Consultant of Unity Hospital, Mangalore was summoned as a witness in O.P.(MV) No.106/2014 by the Additional Motor Accident Claims Tribunal, Kasaragod. The petitioner was also summoned to produce the medical records pertaining to the original claimant in O.P.(MV) No.106/2014, who was treated at Unity Hospital, Mangalore on account of a Motor vehicle accident which occurred on 17.12.2013. It is submitted that the petitioner had produced the entire files pertaining to Abdul Khader's medical report and Ext.A10 was marked through him. Annexure A2 is the deposition of the petitioner. The petitioner was examined as PW2 and the documents were marked. But, unfortunately due to a communication error on account of different languages spoken between the Bench Clerk and the petitioner, the petitioner was made to believe that the records brought by the petitioner can be taken back and without any malafides or dishonest intention, the petitioner took back the records to Mangalore is the submission. The absence of the marked documents in the court records was intimated to the Presiding officer, who directed the Station House Officer, Vidyanagar Police Station to register the crime against the petitioner. Immediately upon being informed that the petitioner ought not have taken the records, the petitioner immediately returned the medical records and the medical records are now in the case records. Moreover, the Additional Motor Accidents Claims Tribunal-II, Kasaragod passed an award as evident by Annexure-A3, after considering Ext.A10 medical report also. Therefore, it is submitted that the crime registered against the petitioner may be quashed.

5. after hearing both sides, i am of the considered opinion that the continuation of the case is not necessary. admittedly, the document brought by the petitioner was marked before the tribunal. the petitioner did not hand over the document to the officers of the court after marking. according to the petitioner, it was a mistake. immediately when the petitioner came to know about the same, he returned the document to the court and the court, relying the same, passed an award. there is no case to the tribunal or any of the party in this case to the effect that there is any manipulation committed in ext.a10 marked through the petitioner, which was produced by him subsequently. therefore, in the interest of justice, i am of the considered opinion that the continuation of annexure-a1 fir is unnecessary. therefore, this criminal miscellaneous case is allowed. all further proceedings in crime no.586/2016 of vidyanagar police station, kasaragod are quashed.