Sunil Raj vs State Of Kerala And Ors

Petition under Section 482 of the Code of Criminal Procedure.

The petitioner is the accused in Crime No.1475 of 2017 of Kadakkavoor Police Station registered for the offence punishable under Section 498A of Indian Penal Code, now pending as C.C. No. 1880 of 2017 on the file of the Judicial First Class Magistrate-I, Varkala.

Heard both sides and perused the records.

According to the learned counsel for the petitioner the parties have resolved the entire dispute among themselves and there is no subsisting dispute between them. The case was in fact initiated on some misunderstanding, is his version. Therefore, this petition to quash Annexure A1 final report.

Learned counsel appearing for the 2nd respondent/defacto complainant has submitted that she has absolutely no grievance or complaints against the petitioner. Annexure A2, the affidavit sworn to by her, clearly indicates that she has no intention to pursue the matter any more against the petitioner.

The learned Public Prosecutor has reported that the investigating agency recorded her statement and so the prosecution has no serious objection in allowing the petition.

As the dispute has been amicably settled, between the parties out of court the possibility of conviction is remote and bleak.

Therefore, considering 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, to subserve the ends of justice, this Crl.M.C. is only to be allowed, exercising the jurisdiction under Section 482 of Cr.P.C.

For the foregoing reasons, Annexure A1 final report in C.C. No. 1880 of 2017 on the file of the Judicial First Class Magistrate, Varkala arising from Crime No.1475 of 2017 of Kadakkavoor Police Station, will stand quashed as prayed for.