Alfas And Ors vs State Of Kerala And Ors

Petition under Section 482 of the Code of Criminal Procedure.

The petitioners are the accused in Crime No. 808 of 2015 of Edavana Police Station registered for the offences punishable under Sections 498A and 406 read with Section 34 of Indian Penal Code, now pending as C.C. No. 327 of 2017 on the file of the Judicial First Class Magistrate-II(Forest Offences), Manjeri.

Heard both sides and perused the records.

It is submitted by the learned counsel for the petitioners that the parties have resolved the entire dispute among themselves and there is no subsisting dispute between them. Therefore, this petition to quash all further proceedings.

Learned counsel appearing for the 2nd respondent/defacto complainant has submitted that she has absolutely no grievance or complaint against the petitioners. Annexure III, the affidavit sworn to by her, indicates that she has no intention to pursue the matter further.

The learned Public Prosecutor has reported that the prosecution has no serious objection in allowing the petition.

As the dispute has been amicably settled, the possibility of conviction is remote and bleak.

Therefore, considering the special facts and circumstances involved in this case, I find that no fruitful purpose is likely to be served by proceeding with the matter against the petitioners. Moreover, no public interest is involved in the case and there is no legal impediment in granting the prayer as sought for by the petitioners. Therefore, for the purpose of securing the ends of justice, this Crl.M.C. is only to be allowed.

For the foregoing reasons, all further proceedings in C.C. No. 327 of 2017 on the file of the Judicial First Class Magistrate-II (Forest Offences), Manjeri arising from Crime No.808 of 2015 of Edavana Police Station pursuant to Annexure I FIR and Annexure-II final report, will stand quashed as prayed for.