High CourtsSingle Bench

Sam Santhosh vs Lali And Ors

High Court Of Kerala · Decided on 21 January 2021 · Citation: (2021) 01 KL CK 0517

HON’BLE JUDGES
Shircy V, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 34, 294(b), 354, 427, 452, 506
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Case No. 73 Of 2021
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Judgment

19 paragraphs · 351 words
1.

Petition under Section 482 of the Code of Criminal Procedure.

2.

The petitioner is the accused in Crime No. 2502 of 2019 of Changanacherry Police Station registered for the offences punishable under Sections

452, 354, 427, 506, 294(b) read with Section 34 of Indian Penal Code now pending as C.C. No. 826 of 2020 on the file of Judicial First Class

Magistrate Court-I, Changanacherry.

3.

It is submitted by the learned counsel for the petitioner that due to the intervention of mediators, the parties have resolved the entire disputes among

themselves and as such there is no subsisting dispute between them. Therefore, this petition to quash Annexure I Final Report.

4.

Learned counsel appearing for respondents 2 and 3 has submitted that respondents 2 and 3 have absolutely no grievance or complaints against the

petitioner. Annexures II and III are the affidavits sworn to by them in support of the submission of the petitioner. The affidavit further indicates that

they have no intention to pursue the matter further.

5.

The learned Public Prosecutor has reported that the prosecution has no serious objection in allowing the petition. It is also submitted that as the

dispute has been amicably settled, the possibility of conviction is remote and bleak and therefore, no useful purpose would be served in proceeding

with the case.

6.

Heard both sides and perused the records.

7.

On hearing the submissions of all concerned, as well on consideration of the special facts and circumstances involved in this case, I find that no

fruitful purpose is likely to be served by proceeding with the matter against the petitioner. Moreover, no public interest is involved in the case and there

is no legal impediment in granting the prayer as sought for by the petitioner. Therefore, for the purpose of securing the ends of justice, this Crl.M.C. is

only to be allowed.

For the foregoing reasons, Annexure I final report in C.C. No. 826 of 2020 on the file of the Judicial First Class Magistrate-I, Changanacherry, arising

from Crime No.2502 of 2019 of Changanacherry Police Station will stand quashed as prayed for.