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Anil Kumar And Ors vs State Of Kerala And Ors

High Court Of Kerala · Decided on 16 March 2021 · Citation: (2021) 03 KL CK 0168

HON’BLE JUDGES
Shircy V, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 34, 498(A)
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous No. 1148 Of 2021
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Judgment

8 paragraphs · 347 words
1.

Petition under Section 482 of the Code of Criminal Procedure.

2.

The petitioners are accused Nos. 1 to 3 in Crime No.399 of 2012 of Aruvikkara Police Station registered for the offences punishable under Sections 498A read with Section 34 of Indian Penal Code now pending as C.C. No. 1369 of 2012 on the file of the Judicial First Class Magistrate-II, Nedumangadu.

3.

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

4.

Learned counsel appearing for the 2nd respondent/defacto complainant has submitted that she has absolutely no grievance or complaint against the petitioners. Annexure A2 is the affidavit sworn to by her in support of the submission of the petitioners. The affidavit further indicates that she has no intention to pursue the matter further.

5.

The learned Public Prosecutor has reported that the prosecution has no serious objection in allowing the petition. It is also submitted that as the dispute has been amicably settled, the possibility of conviction is remote and bleak and therefore, no useful purpose would be served in proceeding with the case.

6.

Heard both sides and perused the records.

7.

On hearing the submissions of all concerned, as well on consideration of 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, Annexure A1 final report and all further proceedings in C.C. No. 1369 of 2012 on the file of the Judicial First Class Magistrate-II, Nedumangadu, arising from Crime No. 399 of 2012 Aruvikkara Police Station, as against the petitioners will stand quashed as prayed for.