High CourtsSingle Bench

Suri Abraham Mathews vs State Of Kerala

High Court Of Kerala · Decided on 8 September 2023 · Citation: (2023) 09 KL CK 0065

HON’BLE JUDGES
Gopinath P., J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 498A
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No.1765 Of 2023
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Judgment

6 paragraphs · 317 words

Gopinath P., J

1.

Petitioners are the accused in Crime No.47/2021 of Maradu police station, Ernakulam district (which is now pending as C.C. No.911 of 2021 of the Judicial First Class Magistrate Court-VIII, Ernakulam), alleging commission of offence punishable under Section 498A of the Indian Penal Code. This Crl.M.C. has been filed seeking to quash the proceedings in C.C. No.911 of 2021 on the file of the Judicial First Class Magistrate Court-VIII, Ernakulam, on the ground of settlement.

2.

Learned counsel appearing for the petitioners would submit that the entire issues between the petitioners and the 2nd respondent (the de facto complainant) have been settled and therefore, all the proceedings in C.C. No.911 of 2021 on the files of the Judicial First Class Magistrate Court-VIII, Ernakulam arising under Crime No.47/2021 of Maradu police station, may be quashed in exercise of the jurisdiction vested in this Court under Section 482 of the Code of Criminal Procedure

3.

Learned Public Prosecutor and the learned counsel appearing for the 2nd respondent affirms that the entire disputes between the petitioners and the 2nd respondent have been settled and that the 2nd respondent does not wish to continue with the proceedings against the petitioners.

4.

Having heard the learned counsel appearing for the petitioners, learned Public Prosecutor and the learned counsel appearing for the 2nd respondent, I am of the view that this Crl.M.C. can be allowed on the ground of settlement. There is no public interest involved for continuing the proceedings against the petitioner. Therefore, in exercise of the jurisdiction vested in this Court under Section 482 of the Code of Criminal Procedure, further proceedings against the petitioners can be quashed on the ground of settlement.

Accordingly, the Crl.M.C is allowed and all further proceedings in C.C. No.911 of 2021 of the Judicial First Class Magistrate Court-VIII, Ernakulam (Crime No.47/2021 of Maradu police station) will stand quashed as against the petitioners.