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Sudheep And Ors vs State Of Kerala And Ors

High Court Of Kerala · Decided on 25 January 2021 · Citation: (2021) 01 KL CK 0580

HON’BLE JUDGES
Shircy V, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 34, 498A(A)
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Case No. 5448 Of 2020
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Judgment

20 paragraphs · 354 words
1.

Petition under Section 482 of the Code of Criminal Procedure.

2.

The petitioners are accused Nos. 1 and 2 in Crime No. 852 of 2020 of Payyannur Police Station registered for the offences punishable under

Section 498A read with Section 34 of Indian Penal Code now pending as C.C. No. 2350 of 2020 on the file of Judicial First Class Magistrate Court,

Payyannur.

3.

It is submitted by the learned counsel for the petitioners that due to the intervention of mediators, the parties have resolved the entire disputes

among themselves and as such there is no subsisting dispute between them. Therefore, this petition to quash Annexure AII Final Report in Crime

No.852 of 2020 of Payyannur Police Station.

4.

Learned counsel appearing for the 2nd respondent has submitted that she has absolutely no grievance or complaints against the petitioners.

Annexure AIII is the affidavit sworn to by her in support of the submission of the petitioners. The affidavit further indicates that she has no intention

to pursue the matter further.

5.

The learned Public Prosecutor has reported that the prosecution has no serious objection in allowing the petition. It is also submitted that as the

dispute has been amicably settled, the possibility of conviction is remote and bleak and therefore, no useful purpose would be served in proceeding

with the case.

6.

Heard both sides and perused the records.

7.

On hearing the submissions of all concerned, as well on consideration of the special facts and circumstances involved in this case, I find that no

fruitful purpose is likely to be served by proceeding with the matter against the petitioners. Moreover, no public interest is involved in the case and

there is no legal impediment in granting the prayer as sought for by the petitioners. Therefore, for the purpose of securing the ends of justice, this

Crl.M.C. is only to be allowed.

For the foregoing reasons, Annexure I final report in Crime No.852 of 2020 of Payyannur Police Station now pending as C.C. No. 2350 of 2020 on

the file of the Judicial First Class Magistrate, Pauuannur will stand quashed as prayed for.