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Judgment
9 paragraphs · 395 wordsA. Badharudeen, J
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash entire proceedings in C.C. No.316/2022 on the files of the Judicial First Class Magistrate Court-I, Ottapalam, arising out of Crime No.120/2022 of Shornur Police Station, Palakkad. The petitioner herein is the 1st accused in the above case.
Heard the learned counsel for the petitioner, the learned counsel appearing for the defacto complainant and CW2 and the learned Public Prosecutor.
In this matter, prosecution alleges commission of offences punishable under Sections 75 and 87 of the Juvenile Justice (Care and Protection of Children) Act (hereinafter referred as ‘JJ Act’ for short).
It is submitted that the matter has been amicably settled between the parties and the defacto complainant and CW2 filed affidavits in this regard. The defacto complainant and CW2 stated in their affidavits that they have no intention to proceed further in this matter.
The learned Public Prosecutor also submitted that the matter has been settled between the parties and statements of the defacto complainant and CW2 to that effect have been recorded.
It is seen from the prosecution materials that, even though the 1st accused alleged to have abandoned the children at the time when she left with the 5th respondent, in fact, she entrusted the custody of the children to their father. Therefore, offences punishable under Sections 75 and 87 of the JJ Act would not attract in the facts of this case. It is also submitted by the learned counsel for the petitioner and respondents that, as of now, the petitioner and the 4th respondent have been living together along with their children. Therefore, continuance of this proceedings would be fatal fo their interest as well as the interest of the minor children. This submission is having force.
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 C.C. No.316/2022 on the files of the Judicial First Class Magistrate Court-I, Ottapalam, arising out of Crime No.120/2022 of Shornur Police Station, Palakkad, as against the petitioner/1st accused stand quashed.