High CourtsSingle Bench

Febin P.Moosa S/o.Moosa vs State Of Kerala

High Court Of Kerala · Decided on 10 June 2021 · Citation: (2021) 06 KL CK 0133

HON’BLE JUDGES
R. Narayana Pisharadi, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 195(1)(a), 482 · Indian Penal Code, 1860 — Section 34, 323, 498A
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Application No. 2711 Of 2021
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Judgment

16 paragraphs · 297 words

R.Narayana Pisharadi, J

1.

This is a petition filed under Section 482 Cr.P.C for quashing the proceedings against the petitioners in the case C.C.No.764/2019 on the file of the

Court of the Judicial First Class Magistrate-I, Muvattupuzha.

2.

The petitioners are accused 1 to 5 in the aforesaid case. The offence allegedly committed by them is punishable under Sections 498A and 323 read

with 34 of the Indian Penal Code. The second respondent is the complainant/victim of the offences allegedly committed by the accused.

3.

It is submitted that the entire matter has been settled between the parties. Therefore, it is prayed that the proceedings against the petitioners in the

case may be quashed.

4.

Heard learned counsel for the petitioners and the second respondent and also the learned Public Prosecutor.

5.

Learned counsel for the second respondent has submitted that the second respondent has no objection to quash the proceedings against the

petitioners. I have perused the affidavit filed by the second respondent. It is stated in the affidavit filed by her that the dispute between her and the

petitioners has been settled amicably and that she has no objection to quash the proceedings against the petitioners in the case. I am satisfied that the

settlement reached between the parties is genuine. The dispute between the parties is purely private in nature. In these circumstances, in order to

secure the ends of justice, the power of this Court under Section 482 Cr.P.C can be invoked to quash the proceedings against the petitioners in this

case.

6.

Consequently, the petition is allowed. The entire proceedings against the petitioners in the case C.C.No.764/2019 on the file of the Court of the

Judicial First Class Magistrate-I, Muvattupuzha, arising out of Crime No.1285/2019 of Muvattupuzha police station, are hereby quashed.