High CourtsSingle Bench

Aswin vs State Of Kerala

High Court Of Kerala · Decided on 30 August 2024 · Citation: (2024) 08 KL CK 0061

HON’BLE JUDGES
A. Badharudeen, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 34, 498A
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No. 6245 Of 2024
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Judgment

8 paragraphs · 248 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 pursuant to Annexure A2 Final Report in C.C.No.601/2024 of the Judicial First Class Magistrate Court-I, Kayamkulam, Alappuzha. The petitioners herein are accused Nos.1 to 3 in the above case.

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 498(A), 34 of IPC are alleged to have been committed by the accused and the de facto complainant is none other than the wife of the 1st accused.

4.

An affidavit sworn by the de facto complainant has been placed stating that the matter has been settled in between them and she 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 to that effect has been recorded.

6.

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

In the result, this petition stands allowed. Annexure A2 Final Report in C.C.No.601/2024 of the Judicial First Class Magistrate Court-I, Kayamkulam, Alappuzha and the proceedings thereof as against the petitioners stand quashed.