High CourtsSingle Bench

Ammini Maniyan vs State Of Kerala

High Court Of Kerala · Decided on 18 November 2024 · Citation: (2024) 11 KL CK 0077

HON’BLE JUDGES
A. Badharudeen, J
ACTS & SECTIONS REFERRED
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 · Indian Penal Code, 1860 — Section 34, 294(b), 323, 324, 341, 447
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No.7757 Of 2024
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Judgment

7 paragraphs · 274 words

A. Badharudeen, J

1.

This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash all further proceedings pursuant to Annexure A1 Final Report in Crime No.97/2023 of Koothattukulam Police Station, Ernakulam, now pending as C.C.No.270/2023 on the files of the Judicial First Class Magistrate Court-III, Muvattupuzha. Petitioners herein are accused Nos.1, 3 and 4 in the above case.

2.

Heard the learned counsel for the petitioners, 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 447, 341, 323, 324, 294(b) read with Section 34 of the Indian Penal Code.

4.

Separate affidavits sworn by the defacto complainant and the aggrieved person have been placed stating that the matter has been settled in between them and they have no grievance in the matter of quashing the proceedings.

5.

The learned Public Prosecutor also submitted that the matter has been settled between the parties and statements of the defacto complainant and the aggrieved person to that effect have 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 petition stands allowed. Annexure A1 Final Report in Crime No.97/2023 of Koothattukulam Police Station, Ernakulam, now pending as C.C.No.270/2023 on the files of the Judicial First Class Magistrate Court-III, Muvattupuzha, and the proceedings thereof as against the petitioners/accused Nos.1, 3 and 4 stand quashed.