High CourtsSingle Bench

Thanseer vs State Of Kerala

High Court Of Kerala · Decided on 3 December 2024 · Citation: (2024) 12 KL CK 0004

HON’BLE JUDGES
A. Badharudeen, J
ACTS & SECTIONS REFERRED
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 · Indian Penal Code, 1860 — Section 506
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No. 9283 Of 2024
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Judgment

8 paragraphs · 251 words

A. Badharudeen, J

1.

This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash all further proceedings in Crime No.590/2023 of Perumbavoor Police Station, Ernakulam, now pending as C.C. No.352/2023 on the files of the Judicial First Class Magistrate Court-I, Perumbavoor. The petitioner herein is the sole accused in the above case.

2.

Heard the learned counsel for the petitioner, the learned counsel appearing for the defacto complainant and the learned Public Prosecutor.

3.

In this matter, prosecution alleges commission of offence punishable under Section 506 of the Indian Penal Code.

4.

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.

5.

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.

6.

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. All further proceedings in Crime No.590/2023 of Perumbavoor Police Station, Ernakulam, now pending as C.C. No.352/2023 on the files of the Judicial First Class Magistrate Court-I, Perumbavoor, as against the petitioner/accused, stand quashed.