Prabhakaran.P vs State Of Kerala

P.G. Ajithkumar, J

This is an application filed under Section 482 of Code of Criminal Procedure, 1973 to quash all proceedings against the petitioner in Crime No.76 of 2021 of Chandera Police Station and in C.C.No.510 of 2021 on the files of the Judicial First Class Magistrate Court-I, Hosdurg.

Petitioner is the accused in C.C.No.510/2021 on the files of the Judicial First Class Magistrate Court-I, Hosdurg, arising out of Crime No.76/2021 of Chandera Police Station. Kasargode. The offences alleged against the petitioner are punishable under Sections 323 and 498 A of the Indian Penal Code, 1860.

The petitioner and the defacto complainant/2nd respondent are husband and wife. Their marriage was solemnized on 13.08.2001. The allegations levelled against the petitioner are that he physically and mentally tortured the second respondent wife.

Petitioner has filed this petition contending that the matter has amicably settled between himself and the second respondent and no purpose would be served by continuing the trial of the case.

I have heard the learned counsel for the petitioner and the learned Public Prosecutor, and perused the report of the Station House Officer, Chandera Police Station, produced by the learned Public Prosecutor. Also perused the statement of the second respondent, which was recorded by the Station House Officer.

it is seen from the report of the Station House Officer, Chandera Police Station and the statement of the second respondent that the matter has been amicably settled between the petitioner and the second respondent. In the light of the law laid down by the Apex Court in Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303], this is a fit case where proceedings can be terminated by invoking provisions under Section 482 Cr.P.C.

Accordingly, all proceedings against the petitioner in C.C.No.510/2021 on the files of the Judicial First Class Magistrate Court-I, Hosdurg, are quashed.

This Crl.M.C. is allowed as above.