High CourtsSingle Bench

Aby vs State Of Kerala

High Court Of Kerala · Decided on 8 June 2021 · Citation: (2021) 06 KL CK 0097

HON’BLE JUDGES
R. Narayana Pisharadi, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 34, 323, 324, 341, 354B, 452
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Application No. 2641 Of 2021
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Judgment

17 paragraphs · 316 words

R. Narayana Pisharadi, J

1.

This is a petition filed under Section 482 Cr.P.C for quashing the proceedings against the petitioner in the case registered as Crime No. 383/2021 of

the Muvattupuzha Police Station.

2.

The petitioners are the first and the second accused in the aforesaid case. The offences allegedly committed by them are punishable under Sections

323, 324, 452, 354B and 341 read with 34 of the Indian Penal Code. Respondents 3 to 6 are the victims of the offences allegedly committed by the

petitioners.

3.

It is submitted that the entire matter has been settled between the petitioners and respondents 3 to 6. Therefore, it is prayed that the proceedings

against the petitioners in the case may be quashed.

4.

Heard the learned counsel for the petitioners and respondents 3 to 6 and also the learned Public Prosecutor.

5.

Learned Public Prosecutor, on instructions, submits that on verification it has been found that the settlement arrived at between the parties is

genuine. Learned counsel for respondents 3 to 6 submits that they have no objection to quash the proceedings against the petitioners.

6.

I have perused the affidavits filed by respondents 3 to 6. It is stated in the affidavits filed by them that the dispute between them and the petitioners

has been resolved and amicably settled and that they have got no grievance against the petitioners. I am satisfied that the settlement arrived at

between the parties is genuine. The dispute between the parties is purely private in nature. In these circumstances, in order to secure the ends of

justice, the power of this Court under Section 482 Cr.P.C can be invoked to quash the proceedings against the petitioners in the case.

7.

Consequently, the petition is allowed. The entire proceedings against the petitioners, in the case based on Annexure-A1 FIR (Crime no. 383/2021 of

the Muvattupuzha Police Station), are hereby quashed.