High CourtsSingle Bench

Assainar Tharakan vs State Of Kerala

High Court Of Kerala · Decided on 20 May 2024 · Citation: (2024) 05 KL CK 0105

HON’BLE JUDGES
A. Badharudeen, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 323, 341 · Juvenile Justice (Care and Protection of Children) Act, 2015 — Section 75
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No. 2098 Of 2024
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Judgment

8 paragraphs · 255 words

A. Badharudeen, J

1.

This criminal miscellaneous case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure A First Information Report and all further proceedings in crime No.2285/2023 of Muvattupuzha police station, Ernakulam (now pending before the JFCM Court – I, Muvattupuzha).

2.

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

3.

In this matter, offences punishable under Sections 341 and 323 of IPC and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015, are alleged to have been committed by the accused.

4.

An affidavit sworn by the father of the de facto complainant, who is a minor, has been placed stating that the matter has been settled in between them and he has 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 statement of the de facto complainant’s father to that effect has been recorded.

6.

Since the matter, involving minor offences, has been settled, 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 A First Information Report and all further proceedings in crime No.2285/2023 of Muvattupuzha police station, Ernakulam (now pending before the JFCM Court – I, Muvattupuzha), stand quashed.