Hence, under this wrong impression the petitioner was incriminated. None of the persons who came to provide aid for the 2nd respondent saw the offender. There are no eye witnesses who saw the petitioner doing the alleged act. It was a clear case of mistaken identity due to which the petitioner herein was roped in as the accused. The 2nd respondent has filed Annexure-2 affidavit stating that it was a case of mistaken identity and that she has no grievance against the accused and that she does not want to prosecute the accused any further. That the matter is already settled between the parties. The petitioner has given Rs.5,00,000/- (five lakh rupees only) towards the full and final settlement of the compensation to the 2nd respondent on 03.08.2019 as per Annexure-3 receipt. The petitioner is now married. The 2nd respondent also got married and recently gave birth to twins. Therefore, it is very difficult for her to come and depose before the court below. The 2nd respondent's marital relationship will get strained if she continues with the case. In the light of these averments and contentions, the petitioner has filed the instant Crl.M.C with the following prayer:
