High CourtsSingle Bench

Akhil vs State Of Kerala

High Court Of Kerala · Decided on 9 June 2021 · Citation: (2021) 06 KL CK 0127

HON’BLE JUDGES
R. Narayana Pisharadi, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 34, 294(b), 323, 498A, 509
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Application No. 2701 Of 2021
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Judgment

17 paragraphs · 337 words

R. Narayana Pisharadi, J

1.

This is a petition filed under Section 482 Cr.P.C for quashing the proceedings against the petitioners in the case C.C. No.418/2019 on the file of the

Court of the Judicial First Class Magistrate-II, Mavelikkara.

2.

The petitioners are accused 1 to 4 in the aforesaid case. The offences allegedly committed by them are punishable under Sections 498A, 294(b),

323 and 509 read with 34 of the Indian Penal Code. The second respondent is the victim of the offences allegedly committed by the petitioners.

3.

It is submitted that the entire matter has been settled between the parties. 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 the second respondent and also the learned Public Prosecutor.

5.

Learned counsel for the second respondent submitted that the second respondent has no objection to quash the proceedings against the petitioners. I

have perused the affidavit filed by the second respondent. It is stated in the affidavit filed by her that the dispute between her and the petitioners has

been amicably settled and that she has got no grievance against the petitioners and that she does not want to continue the proceedings against the

petitioners. The petitioners are none other than the husband and the close relatives of him. The dispute between the parties is purely private in nature.

I am satisfied that the settlement arrived at between the parties is genuine. A settlement of the marital conflicts and discords has always to be

encouraged. In these circumstances, in order to secure the ends of justice, the power of this Court under Section 482 Cr.PC can be invoked to quash

the proceedings against the petitioners in the case.

6.

Consequently, the petition is allowed. The entire proceedings against the petitioners in the case C.C.No.418/2019 on the file of the Court of the

Judicial First Class Magistrate-II, Mavelikkara, arising out of Crime No. 618/2019 of Nooranadu Police Station, are hereby quashed.