High CourtsSingle Bench

Dileep vs State Of Kerala

High Court Of Kerala · Decided on 28 July 2021 · Citation: (2021) 07 KL CK 0353

HON’BLE JUDGES
Ashok Menon, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 34, 294(b), 323, 324, 341
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Application No.3001 Of 2021
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

14 paragraphs · 237 words

Ashok Menon, J

1.

The petitioners are accused in Crime No.1751/2011 of Paravur Police Station for having allegedly committed the offences punishable under

Sections 341, 323, 324, 294(b) read with Section 34 of the IPC.

2.

The Final report has already been filed and taken on file of the Judicial First Class Magistrate Court, South Paravur, Kollam as C.C. No.413/2012.

The petitioners states that the matter has been amicably settled with the defacto complainant who is the third respondent herein. Therefore, the

proceedings against them may be quashed under Section 482 CRPC. It is prayed that entire proceedings may be quashed. The defacto complainant

who is the third respondent herein has appeared through counsel and filed affidavit at Annexure-3 stating that he has no grievance against the

petitioners and that he has no objection in quashing the proceedings against the petitioners.

3.

The learned Public Prosecutor has also received instructions regarding the genuineness of the settlement. The main offences alleged are

compoundable. The petitioners have no criminal antecedents. There is no public interest involved. In such circumstances, I find that proceedings are

liable to be quashed.

In the result, the Crl.M.C is allowed. The entire proceedings as against the petitioners in Crime No.1751/2011 of the Paravur Police Station presently

pending as C.C.No.413/2012 of Judicial First Class Magistrate Court, South Paravur stands quashed under Section 482 of the CRPC and the accused

are discharged and set at liberty.,