High CourtsSingle Bench

Johnson Mathew @ Shibin vs State Of Kerala

High Court Of Kerala · Decided on 16 August 2024 · Citation: (2024) 08 KL CK 0057

HON’BLE JUDGES
A. Badharudeen, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 34, 294(b), 323, 354
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No. 5856 Of 2024
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Judgment

8 paragraphs · 274 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 Charge Sheet in Crime No.2511/2020 of Koipuram Police Station, Pathanamthitta, now pending as C.C. No.378/2022 on the files of the Judicial First Class Magistrate Court-II, Pathanamthitta. 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 defacto complainant and the learned Public Prosecutor.

3.

In this matter, prosecution alleges commission of offences punishable under Sections 294(b), 323, 354 read with 34 of Indian Penal Code.

4.

It is submitted that the matter has been amicably settled and the defacto complainant and injured filed affidavits in this regard. The defacto complainant and injured stated in theirs affidavits that they have no intention to proceed further in this matter.

5.

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

6.

Since the matter has been amicably settled between the parties, there is no reason to disallow the prayer for quashment so as to retain them in hazards of litigation. Therefore, in the interest of justice, I am inclined to allow this petition.

In the result, this Criminal Miscellaneous Case stands allowed. Annexure.A2 Charge Sheet in Crime No.2511/2020 of Koipuram Police Station, Pathanamthitta, now pending as C.C. No.378/2022 on the files of the Judicial First Class Magistrate Court-II, Pathanamthitta and the proceedings thereof as against the petitioners/accused Nos.1 to 3 stand quashed.