High CourtsSingle Bench

Joji Varghese vs State Of Kerala And Ors

High Court Of Kerala · Decided on 24 March 2021 · Citation: (2021) 03 KL CK 0281

HON’BLE JUDGES
Shircy V, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 307, 324, 325, 341, 498(A)
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous No. 662 Of 2021
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Judgment

9 paragraphs · 279 words
1.

Petition under Section 482 of the Code of Criminal Procedure.

2.

The petitioner is the accused in Crime No. 1676 of 2020 of Perumbavoor Police Station registered for the offences punishable under Sections 341, 324, 307, 325 and 498A of Indian Penal Code, now pending before the Judicial First Class Magistrate, Perumbavoor.

3.

Heard both sides and perused the records.

4.

It is submitted by the learned counsel for the petitioner that the parties have resolved the entire dispute among themselves and there is no subsisting dispute between them. Therefore, this petition to quash the FIR.

5.

Learned counsel appearing for the 2nd respondent/defacto complainant has submitted that she has absolutely no grievance or complaint against the petitioner. Annexure B, the affidavit sworn to by her, indicates that she has no intention to pursue the matter further.

6.

The learned Public Prosecutor has reported that the prosecution has no serious objection in allowing the petition.

7.

As the dispute has been amicably settled, the possibility of conviction is remote and bleak.

8.

Therefore, considering the special facts and circumstances involved in this case, I find that no fruitful purpose is likely to be served by proceeding with the matter against the petitioner. Moreover, no public interest is involved in the case and there is no legal impediment in granting the prayer as sought for by the petitioner. Therefore, for the purpose of securing the ends of justice, this Crl.M.C. is only to be allowed.

For the foregoing reasons, Annexure A FIR in Crime No. 1676 of 2020 of Perumbavoor Police Station and all further proceedings before the Judicial First Class Magistrate-I, Perumbavoor, will stand quashed as prayed for.