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Judgment
8 paragraphs · 267 wordsA. Badharudeen, J
This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the entire proceedings pursuant to Annexure.A1 FIR and Annexure.A2 Final Report in C.C. No.174/2021 on the files of the Judicial First Class Magistrate Court-I, Muvattupuzha. The petitioner herein is the accused in the above case.
Heard the learned counsel for the petitioner and the learned Public Prosecutor. Though, notice was issued to defacto complainant/additional 2nd respondent by registered post as well as through the Station House Officer concerned, she did not turn up.
In this matter, prosecution alleges commission of offences punishable under Sections 341, 323, 324 and 427 of Indian Penal Code.
It is submitted that the matter has been amicably settled and the defacto complainant filed affidavit in this regard. The defacto complainant stated in her affidavit that she has no intention to proceed further in this matter.
The learned Public Prosecutor submitted that the matter has been settled between the parties and statement of the defacto complainant to that effect has been recorded through phone.
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 FIR and Annexure.A2 Final Report in C.C. No.174/2021 on the files of the Judicial First Class Magistrate Court-I, Muvattupuzha and the proceedings thereof as against the petitioner/accused, stand quashed.