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Judgment
8 paragraphs · 274 wordsA. Badharudeen, J
This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash all further proceedings pursuant to Annexure.A1 FIR and Annexure.A2 Final Report in Crime No.209/2022 of Kollam West Police Station, now pending as C.C. No.189/2022 on the files of the Judicial First Class Magistrate Court-III, Kollam. The petitioners herein are accused Nos.1 and 2 in the above case.
Heard the learned counsel for the petitioners, the learned counsel appearing for the defacto complainant and the learned Public Prosecutor.
In this matter, prosecution alleges commission of offences punishable under Sections 294(b), 341, 323 and 34 of the 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 also submitted that the matter has been settled between the parties and statement of the defacto complainant to that effect has been recorded.
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 Crime No.209/2022 of Kollam West Police Station, now pending as C.C. No.189/2022 on the files of the Judicial First Class Magistrate Court-III, Kollam and the proceedings thereof as against the petitioners/accused Nos.1 and 2, stand quashed.