High CourtsSingle Bench(2022) 08 KL CK 0240

Amal Baiju vs State Of Kerala

High Court Of Kerala · Decided on 24 August 2022

HON’BLE JUDGES
Mary Joseph, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No. 3390 Of 2022

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Judgment

7 paragraphs · 256 words

Mary Joseph, J

1.

This petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C’.) seeking to quash the final report laid by the investigating officer in Crime No.395/2020 of Thodupuzha Police Station based on which S.C.No.209/2020 was registered on the files of Court of Sessions, Thodupuzha.

2.

Petitioners are accused Nos.1 and 2 in the aforesaid case. Copy of the final report is produced alongwith the petition on hand as Annexure-A1. Alongwith the petition on hand an affidavit sworn by the second respondent and signed by him is also produced, which is marked as Annexure-A2.

3.

This Court has called for a signed statement recorded from the second respondent through the jurisdictional SHO. The learned Public Prosecutor has obtained the signed statement so recorded and placed for perusal of this Court.

4.

The second respondent was served with notice and he entered appearance through Adv.Baby Thomas.

5.

It is seen stated in the affidavit that the issues involved in the case have been amicably settled by the parties and the second respondent is not intended to pursue with the prosecution any further. In the signed statement the 2nd respondent has stated that the settlement of the issues was voluntarily arrived at. In the above said circumstances, this Court is inclined to allow the Crl.M.C.

In the result, Crl.M.C is allowed and Crime No.395/2020 and S.C.No.209/2020 registered on the basis of the final report laid in aforesaid crime and pending on the files of Court of Sessions, Thodupuzha are quashed.