High CourtsSingle Bench

Arjun vs State Of Kerala

High Court Of Kerala · Decided on 20 May 2024 · Citation: (2024) 05 KL CK 0106

HON’BLE JUDGES
A. Badharudeen, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 34, 406, 498A
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No. 2229 Of 2024
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Judgment

8 paragraphs · 273 words

A. Badharudeen, J

1.

This criminal miscellaneous case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings in C.C.No.162/2022 on the files of the Judicial First Class Magistrate Court, Malappuram, arose out of crime No.10/2022 of Vanitha Police Station, Malappuram. Petitioners herein are accused Nos.1 to 5 in the above case.

2.

Heard the learned counsel for the petitioners, the learned counsel for the defacto complainant and the learned Public Prosecutor.

3.

In this matter, offences punishable under Sections 498A and 406 read with Section 34 of IPC are alleged to have been committed by the accused and the complainant is none other than the wife of the 1st accused.

4.

An  affidavit  sworn  by  the  complainant/2nd respondent has been placed stating that the matrimonial disputes have been settled in between them and she has no grievance in the matter of quashing the proceedings against the petitioners.

5.

The learned Public Prosecutor also submitted that the matter has been settled between the parties and statement of the defacto complainant to that effect has been recorded.

6.

Since the matter has been settled, there is no reason to disallow the prayer for quashment. Moreover, the dispute between the petitioners and the complainant is purely private in nature and no public interest is involved. Therefore, in the interest of justice, I am inclined to allow this petition.

In the result, this petition stands allowed. All all further proceedings in C.C.No.162/2022 on the files of the Judicial First Class Magistrate Court, Malappuram, arose out of crime No.10/2022 of Vanitha Police Station, Malappuram, against the petitioners stand quashed.