A. Badharudeen, J
1. This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash Annexure.A1 Final
Report in Crime No.208/2022 of Kannur City Police Station, now pending as C.C. No.799/2022 on the files of the Judicial First Class Magistrate
Court-II, Kannur. The petitioner herein is the accused in the above case.
2. Heard the learned counsel for the petitioner, the learned counsel appearing for the defacto complainant and the injured and the learned Public
Prosecutor.
3. In this matter, prosecution alleges commission of offences punishable under Sections 341, 323, 324, 294(b) and 354 of Indian Penal Code.
4. It is submitted that the matter has been amicably settled and the defacto complainant and injured filed separate affidavits in this regard. The defacto
complainant and injured stated in their affidavits that they have no intention to proceed further in this matter.
5. The learned Public Prosecutor also submitted that the matter has been settled between the parties and statements of the defacto complainant and
injured to that effect have been recorded.
6. Since the matter has been amicably settled between the parties, there is no reason to disallow the prayer for quashment so as to retain them in
hazards of litigation. Therefore, in the interest of justice, I am inclined to allow this petition.
In the result, this Criminal Miscellaneous Case stands allowed. Annexure.A1 Final Report in Crime No.208/2022 of Kannur City Police Station, now
pending as C.C. No.799/2022 on the files of the Judicial First Class Magistrate Court-II, Kannur and the proceedings thereof as against the
petitioner/accused, stand quashed.
