High CourtsSingle Bench

Sanofar vs State Of Kerala

High Court Of Kerala · Decided on 11 June 2021 · Citation: (2021) 06 KL CK 0166

HON’BLE JUDGES
R. Narayana Pisharadi, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 195(1)(a), 482 · Indian Penal Code, 1860 — Section 34, 354, 498A
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Application No. 2716 Of 2021
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Judgment

16 paragraphs · 304 words

R. Narayana Pisharadi, J

1.

This is a petition filed under Section 482 Cr.P.C for quashing the proceedings against the petitioners in the case C.C.No.2731/2016 on the file of the

Court of the Judicial First Class Magistrate-II, Nedumangad.

2.

The petitioners are accused 1 to 3 in the aforesaid case. The offences allegedly committed by them are punishable under Sections 498A and 354

read with 34 of the IPC. The third and the fourth respondents are the victims of the offences allegedly committed by the petitioners.

3.

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.

4.

Heard the learned counsel for the petitioners and respondents 3 and 4 and also the learned Public Prosecutor.

5.

Learned counsel for the third and the fourth respondents submitted that they have got no objection to quash the proceedings against the petitioners.

6.

I have perused the affidavits filed by the third and the fourth respondents. It is stated in the affidavits filed by them that the dispute between them

and the petitioners has been settled and that they are not interested to continue the proceedings against the petitioners. I am satisfied that the

settlement arrived at between the parties is genuine. The dispute between the parties is purely private in nature. 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.

7.

Consequently, the petition is allowed. The entire proceedings against the petitioners in the case C.C.No.2731/2016 on the file of the Court of the

Judicial First Class Magistrate-II, Nedumangad, arising out of Crime No.1248/2016 of the Nedumangad Police Station, are hereby quashed.