Sainudheen M. vs State Of Kerala

R.Narayana Pisharadi, J

This is a petition filed under Section 482 Cr.P.C for quashing the proceedings against the petitioners in the case C.C.No.474/2020 on the file of the

Court of the Judicial First Class Magistrate, Ottappalam.

The petitioners are the first and the second accused in the aforesaid case. The offence allegedly committed by them is punishable under Section

498A of the Indian Penal Code. The second respondent is the victim of the offence allegedly committed by the petitioners.

It is submitted that the entire matter has been settled between the parties. Therefore, it is prayed that the proceedings against the petitioners in the

case may be quashed.

Heard learned counsel for the petitioners and the second respondent and also the learned Public Prosecutor.

Learned Public Prosecutor submitted, on instructions, that the settlement reached between the parties is genuine. Learned counsel for the second

respondent submitted that the second respondent has no objection to quash the proceedings against the petitioners.

I have perused the affidavit filed by the second respondent. It is stated in the affidavit filed by her that the entire matter has been settled between

her and the petitioners and that she has got no complaint against the petitioners and that she has got no objection to quash the proceedings against the

petitioners. The dispute between the parties is purely private in nature. I am satisfied that the settlement arrived between the parties is genuine. In

these circumstances, in order to secure the ends of justice, the power of this Court under Section 482 Cr.P.C can be invoked to quash the proceedings

against the petitioners in the case.

Consequently, the petition is allowed. The entire proceedings against the petitioners in the case C.C.No.474/2020 on the file of the Court of the

Judicial First Class Magistrate, Ottappalam, arising out of Crime No.328/2020 of Cherpulassery police station, are hereby quashed.