High CourtsSingle Bench

Muhammed Rahees vs State Of Kerala

High Court Of Kerala · Decided on 20 May 2024 · Citation: (2024) 05 KL CK 0110

HON’BLE JUDGES
A. Badharudeen, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 34, 354, 406, 498A
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No. 6442 Of 2023
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Judgment

8 paragraphs · 263 words

A. Badharudeen, J

1.

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure A2 Final Report in Crime No.458/2022 of Kunnamangalam Police Station, now pending as C.C. No.94/2023 on the files of the Chief Judicial Magistrate Court, Kunnamangalam. Petitioners herein are accused Nos.1 to 4 in the above case.

2.

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

3.

In this matter, offences punishable under Sections 406, 498A, 354 read with Section 34 of IPC are alleged to have been committed by the accused and the de facto complainant is none other than the wife of the 1st accused.

4.

An affidavit sworn by the defacto complainant has been placed stating that the matter has been settled in between them and she has no grievance in the matter of quashing the proceedings.

5.

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

6.

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

In the result, this petition stands allowed and Annexure A2 Final Report in Crime No.458/2022 of Kunnamangalam Police Station, now pending as C.C. No.94/2023 on the files of the Chief Judicial Magistrate Court, Kunnamangalam and the proceedings thereof stand quashed.