High CourtsSingle Bench

Agitha Varghese vs State Of Kerala

High Court Of Kerala · Decided on 14 August 2024 · Citation: (2024) 08 KL CK 0038

HON’BLE JUDGES
A. Badharudeen, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 323, 506(i) · Rights of Persons with Disabilities Act, 2016 — Section 92(2)
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No. 2685 Of 2024
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Judgment

8 paragraphs · 271 words

A. Badharudeen, J

1.

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings pursuant to Annexure.A Final Report in Crime No.461/2018 of Kuravilangadu Police Station, Kottayam, now pending as C.C. No.604/2018 on the files of the Judicial First Class Magistrate Court, Pala. The petitioner herein is the sole accused in the above case.

2.

Heard the learned counsel for the petitioner, 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 323 and 506(i) of IPC and Section 92(a) of the Rights of Persons with Disabilities Act, 2016.

4.

It is submitted that the matter has been amicably settled 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.

5.

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.

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.A Final Report in Crime No.461/2018 of Kuravilangadu Police Station, Kottayam, now pending as C.C. No.604/2018 on the files of the Judicial First Class Magistrate Court, Pala and the proceedings thereof as against the petitioner/accused stand quashed.