High CourtsSingle Bench

Premachandran.P vs State Of Kerala

High Court Of Kerala · Decided on 20 May 2024 · Citation: (2024) 05 KL CK 0103

HON’BLE JUDGES
A. Badharudeen, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 294(b), 323, 324 · Juvenile Justice (Care and Protection of Children) Act, 2015 — Section 75
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No. 1296 Of 2019
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Judgment

8 paragraphs · 269 words

A. Badharudeen, J

1.

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash the FIR and Final Report in Crime No.390/2018 of Vellarada Police Station, Thiruvananthapuram, now pending as C.C. No.2571/2018 on the files of the Judicial First Class Magistrate Court-III, Neyyattinkara.

2.

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

3.

In this matter, prosecution alleges commission of offences punishable under Sections 294(b), 323 and 324 of the IPC and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

4.

It is submitted that the matter has been amicably settled and the defacto complainant and the victim filed affidavits in this regard. The defacto complainant and the victim stated in their affidavits that they have 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 statements of the defacto complainant and the victim to that effect have 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 retain them in hazards of litigation. Therefore, in the interest of justice, I am inclined to allow this petition.

In the result, this Criminal Miscellaneous Case stands allowed. The FIR and Final Report in Crime No. 390/2018 of Vellarada Police Station, Thiruvananthapuram, now pending as C.C. No.2571/2018 on the files of the Judicial First Class Magistrate Court-III, Neyyattinkara and the proceedings thereof stand quashed.