High CourtsSingle Bench

Vishnu vs State Of Kerala

High Court Of Kerala · Decided on 8 June 2021 · Citation: (2021) 06 KL CK 0093

HON’BLE JUDGES
R. Narayana Pisharadi, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 34, 323, 498A, 506(ii) · Dowry Prohibition Act, 1961 — Section 4
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Application No. 2690 O 2021
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Judgment

18 paragraphs · 349 words

R. Narayana Pisharadi, J

1.

This is a petition filed under Section 482 Cr.P.C for quashing the proceedings against the petitioners in the case C.C.No.3621/2020 on the file of the

Court of the Judicial First Class Magistrate-III, Attingal.

2.

The petitioners are the first and the second accused in the aforesaid case. The offences allegedly committed by them are under Sections 323, 498A

and 506(ii) read with 34 of the I.P.C and Section 4 of the Dowry Prohibition Act. The second respondent is the complainant/victim of the offences

allegedly committed by the accused.

3.

It is submitted that the entire matter has been settled between the parties. Therefore, it is prayed that the proceedings against the petitioners in the

case may be quashed.

4.

Heard the learned counsel for the petitioners and the learned Public Prosecutor and also the learned counsel for the second respondent.

5.

Learned Public Prosecutor submits, on instructions, that the settlement between the parties is genuine. Learned counsel for the second respondent

submitted that the second respondent has no objection to quash the proceedings against the petitioners.

6.

I have perused the affidavit filed by the second respondent. It is stated in the affidavit filed by her that the dispute between her and the petitioners

has been amicably settled and that she has got no grievance against the petitioners. The petitioners are none other than the husband and the mother-in-

law of the second respondent. The dispute between the parties is purely private in nature. I am satisfied that the settlement arrived at between the

parties is genuine. A settlement of the marital conflicts and discords has always to be encouraged. In these circumstances, in order to secure the ends

of justice, the power of this Court under Section 482 Cr.P.C can be invoked to quash the proceedings against the petitioners in the case.

7.

Consequently, the petition is allowed. The entire proceedings against the petitioners in the case C.C.No.3621/2020 on the file of the

Court of the Judicial First Class Magistrate-III, Attingal, arising out of Crime No.1263/2020 of Kilimanoor police station, are hereby quashed.