High CourtsSingle Bench

Ameen Jouhar O.H. vs State Of Kerala

High Court Of Kerala · Decided on 9 June 2021 · Citation: (2021) 06 KL CK 0118

HON’BLE JUDGES
R. Narayana Pisharadi, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 34, 498A
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Application No. 2635 Of 2021
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Judgment

16 paragraphs · 306 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.474/2019 on the file of the

Court of the Judicial First Class Magistrate-I, Perumbavoor.

2.

The petitioners are accused 1 to 3 in the aforesaid case. The offence allegedly committed by them is punishable under Section 498A read with 34

IPC. The second respondent is the complainant/victim of the offence 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.

Learned Public Prosecutor has submitted, on instructions, that the matter has been amicably settled between the parties.

6.

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. 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 C.C.No.474/2019 on the file of the Court of the

Judicial First Class Magistrate-I, Perumbavoor, arising out of Crime No.1124/2019 of the Perumbavoor Police Station, are hereby quashed.