Arun Kumar M Vs State Of Kerala

High Court Of Kerala 14 Aug 2024 Criminal Miscellaneous Petition No. 6189 Of 2024 (2024) 08 KL CK 0046
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Criminal Miscellaneous Petition No. 6189 Of 2024

Hon'ble Bench

A. Badharudeen, J

Advocates

Prasoon Sunny, Raji S., Ritty K.Reji, Shameel N., Shibas Ibrahim

Final Decision

Allowed

Acts Referred
  • Code of Criminal Procedure, 1973 - Section 482
  • Indian Penal Code, 1860 - Section 34, 323, 498A, 506(i)

Judgement Text

Translate:

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 and all further proceedings in C.C.No.1012/2023 on the files of the Judicial First Class Magistrate Court-I, Pala, arose out of Crime

No.1763/2023 of Pala Police Station, Kottayam. The petitioners herein are accused Nos.1 to 3 in the above crime.

2. Heard the learned counsel for the petitioners, the learned counsel appearing for the de facto complainant and the learned Public Prosecutor.

3. In this matter, offences punishable under Sections 498A, 323 and 506(i) read with Section 34 of IPC are alleged to have been committed by the

accused. The complainant is none other than the wife of the 1st accused.

4. It is submitted that the matter has been amicably settled and the de facto complainant filed affidavit in this regard in a case involving matrimonial

dispute.

5. The learned Public Prosecutor also submitted that the matter has been settled between the parties and statement of the de facto complainant to that

effect has been recorded.

6. Since the dispute has been settled in between husband and wife, there is no reason to disallow the prayer for quashment, so as to facilitate peaceful

living of the parties hereinafter. Therefore, in the interest of justice, I am inclined to allow this petition.

In the result, this petition stands allowed. Annexure A1 final report and all further proceedings in C.C.No.1012/2023 on the files of the Judicial First

Class Magistrate Court-I, Pala, arose out of Crime No.1763/2023 of Pala Police Station, Kottayam, against the petitioners stand quashed.

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