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Mahin vs State Of Kerala And Ors

High Court Of Kerala · Decided on 25 March 2021 · Citation: (2021) 03 KL CK 0300

HON’BLE JUDGES
Shircy V, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 294(b), 323, 324, 341, 506
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous No. 1259 Of 2021
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Judgment

8 paragraphs · 348 words
1.

Petition under Section 482 of the Code of Criminal Procedure.

2.

The petitioner is the accused in Crime No. 77 of 2021 of Mala Police Station registered for the offences punishable under Sections 341, 323, 324, 354, 294(b) and 506 of Indian Penal Code, now pending on the file of the Judicial First Class Magistrate, Chalakudy.

3.

Heard both sides and perused the records.

4.

The learned counsel for the petitioner submitted that the case has been instituted by the defacto complainant on some misunderstanding and now the parties have resolved their entire dispute among themselves and as such there is no subsisting dispute between them. Therefore, this petition to quash the FIR.

5.

Learned counsel appearing for respondents 3 and 4 has submitted that they have absolutely no grievance or complaints against the petitioner. Annexures 2 and 3 are the affidavits sworn to by them in support of the submission of the petitioner. The affidavits further indicates that they have 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. It is also submitted that as the dispute has been amicably settled, the possibility of conviction is remote and bleak and therefore, no useful purpose would be served in proceeding with the case.

7.

On hearing the submissions of all concerned and on perusal of the records as well on consideration of 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 I FIR and all further proceedings in Crime No. 77 of 2021 of Mala Police Station, now pending on the file of the Judicial First Class Magistrate, Chalakudy will stand quashed as prayed for.