Anandu @ Achu vs State Of Kerala

A. Badharudeen, J

This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to quash Annexure-A2 Final Report and all further proceedings in C.C.No.1161/2018 on the files of the Judicial First Class Magistrate Court-II, Pathanamthitta arose out of Crime No. 1263/2018 of Konni Police Station, Pathanamthitta. The petitioners herein are accused Nos.1 to 5 in the above case.

Heard the learned counsel for the petitioners the learned counsel appearing for the 2nd respondent/de facto complainant and respondent Nos.3 to 6 who are injured persons. Also heard the learned Public Prosecutor.

In this matter, offences punishable under Sections 143, 144, 147, 447, 323 and 324 read with Section 149 of the Indian Penal Code, 1860 are alleged to have been committed by the accused.

It is submitted that the matter has been amicably settled and the 2nd respondent/de facto complainant and respondent Nos. 3 to 6 filed separate affidavits in this regard. The 2nd respondent/de facto complainant and respondent Nos.3 to 6 stated in the affidavits that they have no intention to proceed further in this matter.

The learned Public Prosecutor also submitted that the matter has been settled between the parties and statements of the 2nd respondent/de facto complainant and respondent Nos. 3 to 6 to that effect have been recorded.

Since the matter has been amicably settled between the parties, there is no reason to disallow the prayer for quashment so as to facilitate peaceful living of the parties hereinafter. Therefore, in the interest of justice, I am inclined to allow this petition.

In the result, this Criminal Miscellaneous Case stands allowed. Annexure-A2 Final Report and all further proceedings in C.C.No.1161/2018 on the files of the Judicial First Class Magistrate Court-II, Pathanamthitta arose out of Crime No.1263/2018 of Konni Police Station, Pathanamthitta against the petitioners/A1 to A5 stand quashed.