High CourtsSingle Bench

Arun Kumar M vs State Of Kerala

High Court Of Kerala · Decided on 14 August 2024 · Citation: (2024) 08 KL CK 0046

HON’BLE JUDGES
A. Badharudeen, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 34, 323, 498A, 506(i)
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No. 6189 Of 2024
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Judgment

8 paragraphs · 271 words

A. Badharudeen, J

1.

This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash Annexure A1 final report and all further proceedings in C.C.No.1012/2023 on the files of the Judicial First Class Magistrate Court-I, Pala, arose out of Crime No.1763/2023 of Pala Police Station, Kottayam. The petitioners herein are accused Nos.1 to 3 in the above crime.

2.

Heard the learned counsel for the petitioners, the learned counsel appearing for the de facto complainant and the learned Public Prosecutor.

3.

In this matter, offences punishable under Sections 498A, 323 and 506(i) read with Section 34 of IPC are alleged to have been committed by the accused. The complainant is none other than the wife of the 1st accused.

4.

It is submitted that the matter has been amicably settled and the de facto complainant filed affidavit in this regard in a case involving matrimonial dispute.

5.

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

6.

Since the dispute has been settled in between husband and wife, 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 petition stands allowed. Annexure A1 final report and all further proceedings in C.C.No.1012/2023 on the files of the Judicial First Class Magistrate Court-I, Pala, arose out of Crime No.1763/2023 of Pala Police Station, Kottayam, against the petitioners stand quashed.