High CourtsSingle Bench

Jithin vs State Of Kerala

High Court Of Kerala · Decided on 20 May 2024 · Citation: (2024) 05 KL CK 0108

HON’BLE JUDGES
A. Badharudeen, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 34, 406, 498A
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No. 2448 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 all further proceedings in Annexure-A1 Final Report in Crime No.792/2023 of Koyilandy Police Station, now pending as C.C.No.1354/2023 before the Judicial First Class Magistrate Court, Koyilandy. Petitioners herein are accused Nos.1 to 3 in the above case.

2.

Heard the learned counsel for the petitioners, the learned counsel for the defacto complainant and the learned Public Prosecutor.

3.

In this matter, offences punishable under Sections 498A and 406 read with Section 34 of IPC are alleged to have been committed by the accused and complainant is none other than the wife of the 1st accused.

4.

An affidavit sworn by the complainant has been placed stating that the matrimonial disputes have been settled in between them and they are now living separately. She has no grievance in the matter of quashing the proceedings against the petitioners.

5.

The learned Public Prosecutor also submitted that the matter has been settled between the parties and statement of the defacto complainant to that effect has been recorded.

6.

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

In the result, this petition stands allowed. All further proceedings in Annexure-A1 Final Report in Crime No.792/2023 of Koyilandy Police Station, now pending as C.C.No.1354/2023 before the Judicial First Class Magistrate Court, Koyilandy, against the petitioners stand quashed.