High CourtsSingle Bench

Joseph Peter vs State Of Kerala

High Court Of Kerala · Decided on 17 October 2024 · Citation: (2024) 10 KL CK 0089

HON’BLE JUDGES
A. Badharudeen, J
ACTS & SECTIONS REFERRED
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 · Indian Penal Code, 1860 — Section 294(b), 323, 341, 506(i)
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No. 6144 Of 2024
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Judgment

8 paragraphs · 268 words

A. Badharudeen, J

1.

This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to quash Annexure A1 FIR, Annexure A2 Final Report and all further proceedings in C.C.No.2388/2018 on the files of the Judicial First Class Magistrate Court-II, Kollam, arose out of crime No.949/2018 of Sakthikulangara Police Station, Kollam. The petitioner herein is the sole accused in the above crime.

2.

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

3.

In this matter, offences punishable under Sections 294(b), 341, 323 and 506(i) of IPC are alleged to have been committed by the accused.

4.

It is submitted that the matter has been amicably settled and the defacto complainant filed affidavit in this regard. In the affidavit, the defacto complainant stated that he has no grievance against the petitioner.

5.

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

6.

Since the dispute has been settled in between the parties, there is no reason to disallow the prayer for quashment, so as to facilitate peaceful living of the parties hereinafter. Therefore, in the interest of justice, I am inclined to allow this petition.

In the result, this petition stands allowed. Annexure A1 FIR, Annexure A2 Final Report and all further proceedings in C.C.No.2388/2018 on the files of the Judicial First Class Magistrate Court-II, Kollam, arose out of crime No.949/2018 of Sakthikulangara Police Station, Kollam, as against the petitioner, stand quashed.