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Judgment
8 paragraphs · 347 wordsA. Badharudeen, J
This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash all further proceedings pursuant to Annexure.A2 Final Report in S.C. No.1273/2023 on the files of the Additional District and Sessions Court (for trial of cases relating to Atrocities and Sexual Violence against Women and Children), Kozhikode. The petitioners herein are accused Nos.1 and 2 in the above case.
Heard the learned counsel for the petitioners, the learned counsel appearing for the defacto complainant and the learned Public Prosecutor.
In this matter, prosecution alleges commission of offences punishable under Sections 363 read with 34 of IPC and Section 75 of the Juvenile Justice (Care and Protection of Children) Act (hereinafter referred as ‘JJ Act’ for short).
It is submitted that the matter has been amicably settled between the parties and the defacto complainant filed affidavit in this regard. The defacto complainant stated in her affidavit that she has no intention to proceed further in this matter.
The learned Public Prosecutor also submitted that the matter has been settled between the parties and statement of the defacto complainant to that effect has been recorded.
Even though, the prosecution alleges commission of offence punishable under Section 75 of the JJ Act, it is discernible that, the overt acts for the said offences are not fully made out. Therefore, offence punishable under Section 75 of the JJ Act would not attract in the facts of this case. 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. All further proceedings pursuant to Annexure.A2 Final Report in S.C. No.1273/2023 on the files of the Additional District and Sessions Court (for trial of cases relating to Atrocities and Sexual Violence against Women and Children), Kozhikode as against the petitioners/accused Nos.1 and 2 stand quashed.