High CourtsSingle Bench

Lissy vs State Of Kerala

High Court Of Kerala · Decided on 6 November 2024 · Citation: (2024) 11 KL CK 0094

HON’BLE JUDGES
A. Badharudeen, J
ACTS & SECTIONS REFERRED
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 · Indian Penal Code, 1860 — Section 34, 294(b), 323, 341
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No. 7269 Of 2024
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Judgment

8 paragraphs · 277 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 and Annexure A2 Final Report in C.C.No.3/2021 on the files of the Judicial First Class Magistrate Court-III, North Paravur, arose out of Crime No.654/2020 of Puthenvelikkara police station, Ernakulam Rural. The petitioners herein are accused in the above case.

2.

Heard the learned counsel for the  petitioners, the learned counsel appearing for the de facto complainant and the learned Public Prosecutor.

3.

In this matter, offences punishable under Sections 341, 323 and 294(b) r/w Section 34 of the Indian Penal Code, are alleged to have been committed by the accused.

4.

It is submitted that the matter has been amicably settled and the de facto complainant filed affidavit in this regard. The de facto complainant stated in the affidavit that she has 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 statement of the de facto complainant to that effect has 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 facilitate peaceful living of the parties hereinafter. Therefore, in the interest of justice, I am inclined to allow this petition.

In the result, this Criminal Miscellaneous Case stands allowed. Annexure A1 FIR and Annexure A2 Final Report in C.C.No.3/2021 on the files of the Judicial First Class Magistrate Court-III, North Paravur, arose out of Crime No.654/2020 of Puthenvelikkara police station, Ernakulam Rural, against the petitioners herein, stand quashed.