High CourtsSingle Bench

Rajeev vs State Of Kerala

High Court Of Kerala · Decided on 1 October 2024 · Citation: (2024) 10 KL CK 0036

HON’BLE JUDGES
A. Badharudeen, J
ACTS & SECTIONS REFERRED
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 · Indian Penal Code, 1860 — Section 34, 294(b), 323, 506
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No. 5971 Of 2024
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Judgment

8 paragraphs · 252 words

A. Badharudeen, J

1.

This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash Annexure-A1 F.I.R. in Crime No.569 of 2024 of Mararikulam Police Station, Alappuzha District. The petitioner 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 injured and the learned Public Prosecutor.

3.

In this matter, prosecution alleges commission of offences punishable under Sections 294(b), 323 and 506 read with Section 34 of the Indian Penal Code, 1860.

4.

It is submitted that the matter has been amicably settled and the defacto complainant and the injured filed separate affidavits in this regard. The defacto complainant and the injured 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 injured 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. Annexure-A1 F.I.R. in Crime No.569 of 2024 of Mararikulam Police Station, Alappuzha District and the proceedings thereof as against the petitioners/accused Nos.1 to 4 stand quashed.