High CourtsSingle Bench

Aboobacker vs State Of Kerala

High Court Of Kerala · Decided on 22 May 2024 · Citation: (2024) 05 KL CK 0193

HON’BLE JUDGES
A. Badharudeen, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 34, 323, 354
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No. 646 Of 2024
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Judgment

8 paragraphs · 255 words

A. Badharudeen, J

1.

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure.A1 FIR and Annexure.A2 Final Report in Crime No.95/2014 of Pookkottumpadam Police Station, Malappuram, now pending as C.C. No.313/2014 on the files of the Judicial First Class Magistrate Court, Nilambur.

2.

Heard the learned counsel for the petitioners, the learned counsel appearing for the defacto complainant and the learned Public Prosecutor.

3.

In this matter, prosecution alleges commission of offences punishable under Sections 354, 323 read with 34 of IPC.

4.

It is submitted that the matter has been amicably settled and the defacto complainant and victim filed affidavits in this regard. The defacto complainant and the victim 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 the victim, 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 FIR and Annexure.A2 Final Report in Crime No.95/2014 of Pookkottumpadam Police Station, Malappuram, now pending as C.C. No.313/2014 on the files of the Judicial First Class Magistrate Court, Nilambur and the proceedings thereof stand quashed.