High CourtsSingle Bench

K.V. Udyakumar vs State Of Kerala

High Court Of Kerala · Decided on 19 April 2024 · Citation: (2024) 04 KL CK 0172

HON’BLE JUDGES
C. Pratheep Kumar J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 294(b), 427, 506
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No.568 Of 2024
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Judgment

9 paragraphs · 349 words

C. Pratheep Kumar, J

1.

This is a petition filed under Section 482 of the Code of Criminal Procedure, by the sole accused in Crime No.1613/2021 of Fort Police Station, Thiruvananthapuram which is pending as C.C. No.385/2021 on the file of the Judicial First Class Magistrate Court-II, Thiruvananthapuram. The offences alleged against the petitioner are punishable under Sections 294(b), 506 and 427 of the Indian Penal Code.

2.

The prosecution case is that: the petitioner threatened the third respondent, who is the daughter of the wife of the petitioner and burned the certificates of the third respondent after uttering abusive words and thereby committed the above offences.

3.

Adv. Geethu S. appeared on behalf of the defacto complainant and submitted that she has already filed the vakalath.

4.

According to the petitioner, the dispute has been settled with the defacto complainant/third respondent. Both parties agreed to drop all further proceedings relating to the above dispute. Therefore, he prayed for quashing all further proceedings in Annexure-1 Final Report.

5.

The Defacto complainant filed affidavit endorsing the averments in the Crl.M.C. According to her, the case has been amicably settled and that she does not intend to proceed with the case and also that further proceedings in the case can be quashed. She has no further grievance against the petitioner.

6.

Learned Public Prosecutor also stated that the dispute has been settled between the parties and hence further proceedings in the case can be quashed. Signed statement of the defacto complainant also has been filed, which substantiates the averments in her affidavit.

7.

Considering the fact that the offences under Sections 294(b), 427 and 506 of the Indian Penal Code involved in this case are not heinous and very serious in nature, and the dispute has been settled between the petitioner and defacto complainant, this is a fit case in which further proceedings can be quashed.

In the result, this Crl.M.C is allowed. All further proceedings in C.C. No.385/2021 on the file of the Judicial First Class Magistrate Court-II, Thiruvananthapuram arising from Crime No.1613/2021 of Fort Police Station, Thiruvananthapuram, is quashed.