Sreejesh vs State Of Kerala

C. Pratheep Kumar J.

This is a petition filed under Section 482 of the Code of Criminal Procedure, by accused No. 1 to 3 in Crime No. 936 of 2019 of Hillpalace Police Station, which is pending as CC. No.777/2019 on the file of Judicial First Class Magistrate Court Tripunithara. The offences alleged against the petitioners are punishable under Sections 498-A & 34 of Indian Penal Code.

The prosecution case is that 1st accused who is the husband of the 2nd respondent/defacto complainant and accused No.3 and 4 who are his parents subjected her to cruelty and misappropriated her gold ornaments.

According to the petitioners, the dispute has been settled with the defacto complainant/victim and the petitioners 1 to 3. All of them agreed to drop all further proceedings relating to the above dispute. Therefore, they prayed for quashing all further proceedings in Annexure A1 FIR.

The defacto complainant/victim filed and affidavit endorsing the averments in the Criminal MC. According to her, the case has been amicably settled andthat she does not intend to proceed with the case and also that further proceedings in the case can be quashed. She has no further grievance against the petitioners.

Learned Public Prosecutor also stated that the dispute has been settled between the parties and hence further proceedings in the case can be quashed.

Considering the fact that the offences under Sections 498-A & 34 of Indian Penal Code involved in this case are not heinous and very serious in nature, and the dispute has been settled between the petitioners and defacto complainant, this is a fit case in which further proceedings can be quashed.

In the result, This Crl. M.C is allowed. All further proceedings in CC. No.777/2019 on the file of Judicial First Class Magistrate Court Tripunithara arising from Crime No. 936 of 2019 of Hillpalace Police Station is quashed.