Nix Johnson Pallai vs State Of Kerala

A. Badharudeen, J

This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash all further proceedings in C.C.No.424/2022 on the files of the Judicial First Class Magistrate Court-II, Aluva, arose out of Crime No.581/2021 of Elamakkara Police Station, Ernakulam. The petitioners herein are accused Nos.1 to 3 in the above case.

Heard the learned counsel for the petitioners, the learned counsel appearing for the 2nd respondent/victim and the 3rd respondent/de facto complainant, and the learned Public Prosecutor.

In this matter, offences punishable under Sections 498A and 406 r/w Section 34 of the Indian Penal Code, are alleged to have been committed by the accused.

It is submitted that the matter has been amicably settled and the 2nd respondent/victim and the 3rd respondent/de facto complainant filed separate affidavits in this regard in a case involving matrimonial dispute.

The learned Public Prosecutor also submitted that the matter has been settled between the parties and statements of the victim and the de facto complainant to that effect have been recorded. It is also submitted by the learned Public Prosecutor that, since the victim/2nd respondent herein is abroad, her statement is recorded through e-mail.

Since the dispute has been 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 petition stands allowed. All further proceedings in C.C.No.424/2022 on the files of the Judicial First Class Magistrate Court-II, Aluva, arose out of Crime No.581/2021 of Elamakkara Police Station, Ernakulam, against the petitioners herein, stand quashed.