High CourtsSingle Bench

Dr. P.K Muhammed Ali vs State Of Kerala

High Court Of Kerala · Decided on 6 January 2022 · Citation: (2022) 01 KL CK 0028

HON’BLE JUDGES
Dr Kauser Edappagath, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 354
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No. 5134 Oh 2020
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Judgment

12 paragraphs · 224 words

Dr. Kauser Edappagath, J

1.

This Crl.M.C. has been filed to quash Annexure A FIR in Crime No.729/2020 of Thamarassery Police Station on the ground of settlement between

the parties. The petitioner is the accused and the 2nd respondent is the defacto complainant. The offence alleged is under Section 354 of IPC.

2.

The defacto complainant has entered appearance through counsel. An affidavit sworn in by the defacto complainant is also produced.

3.

I have heard Sri. Luiz Godwin D'couth, the learned counsel for the petitioner, Sri. Jose Kuriakose, the learned counsel for the 2nd respondent and

Sri. M.P. Prashant, the learned Public Prosecutor.

4.

The affidavit sworn in by the 2nd respondent would show that the entire dispute between the 2nd respondent and the petitioner has been amicably

settled and hence the 2nd respondent does not want to proceed with the above crime.

5.

The learned Public Prosecutor submits that the matter was enquired into through the investigating officer and a signed statement of the de-facto

complainant is also recorded wherein she reported that the matter was amicably settled.

In such circumstances, I am of the view that no purpose will be served in proceeding with the matter any further. Accordingly, this Crl.M.C is

allowed. The entire proceedings initiated in terms of Annexure A in Crime No.729/2020 of Thamarassery Police Station is quashed.