High CourtsSingle Bench

Shaji vs State Of Kerala

High Court Of Kerala · Decided on 20 May 2024 · Citation: (2024) 05 KL CK 0109

HON’BLE JUDGES
A. Badharudeen, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 34, 323, 324, 354, 427
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No. 3272 Of 2018
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Judgment

8 paragraphs · 255 words

A. Badharudeen, J

1.

This criminal miscellaneous case has been filed by the petitioners under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings in re.C.C.No.823/2018 on the files of the Judicial First Class Magistrate Court-XI, Thiruvananthapuram, arose out of crime No.84/2014 of Vanchiyoor Police Station. Petitioners herein accused Nos.2 to 4 in the above case.

2.

Heard the learned counsel for the petitioners, the learned counsel appearing for the de facto complainant and the learned Public Prosecutor.

3.

In this matter, offences punishable under Sections 323, 324, 354 and 427 read with Section 34 of IPC are alleged to have been committed by the petitioners.

4.

An affidavit sworn by the de facto complainant/2nd respondent has been placed stating that the matter has been settled and he has no grievance in the matter of quashing the proceedings against the petitioners.

5.

The learned Public Prosecutor also submitted that the matter has been settled between the parties and statement of the defacto complainant to that effect has been recorded.

6.

Since the matter has been 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. All further proceedings in re.C.C.No.823/2018 on the files of the Judicial First Class Magistrate Court-XI, Thiruvananthapuram, arose out of crime No.84/2014 of Vanchiyoor Police Station, against the petitioners stand quashed.