High CourtsSingle Bench

Abdul Fathah vs State Of Kerala

High Court Of Kerala · Decided on 19 April 2024 · Citation: (2024) 04 KL CK 0173

HON’BLE JUDGES
C. Pratheep Kumar J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 34, 406, 498A
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No. 838 Of 2024
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Judgment

8 paragraphs · 332 words

C. Pratheep Kumar, J

1.

This is a petition filed under Section 482 of the Code of Criminal Procedure, by accused No. 1 to 4 in Crime No.285 of 2023 of Thamarassery Police Station, which is pending as CC. No.278/2023 on the file of Judicial First Class Magistrate Court-I Thamarassery. The offences alleged against the petitioners are punishable under Sections 498-A, 406 & 34 of Indian Penal Code.

2.

The  prosecution  case  is  that  1st accused who is the husband of the 2nd respondent/defacto complainant and accused No.2 to 4 who are his relatives subjected her to cruelty and misappropriated her gold.

3.

According to the petitioners, the dispute has been settled with the defacto complainant/victim and the petitioners 1 to 4. All of them agreed to drop all further proceedings relating to the above dispute. Therefore, he prayed for quashing all further proceedings in Annexure A1 FIR.

4.

The  defacto  complainant/victim  filed  and affidavit endorsing the averments in the Criminal MC. According to them, the case has been amicably settled and that she doesnot intend to proceed with the case and also that further proceedings in the case can be quashed. She has no further grievance against the petitioners.

5.

Learned Public Prosecutor also stated that the dispute has been settled between the parties and hence further proceedings in the case can be quashed. Signed statement of the defacto complainant also has been filed, which substantiates the averments in her affidavit.

6.

Considering the fact that the offences under Sections 498-A, 406 & 34 of Indian Penal Code involved in this case are not heinous and very serious in nature, and the dispute has been settled between the petitioners and defacto complainant, this is a fit case in which further proceedings can be quashed.

In the result, This Crl. M.C is allowed. All further proceedings in CC. No.278/2023. on the file of Judicial First Class Magistrate Court-I Thamarassery Court arising from Crime No.285 of 2023 of Thamarassery Police Station, is quashed.