Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946 CRIME NO.2177/2023 OF PARASSALA POLICE STATION, THIRUVANANTHAPURAM PETITIONER/ACCUSED: ANOOP AGED 29 YEARS S/O.APPU, PONNAMCODE VEEDU, KEEZHAMAKKOM, POOZHIKKU, CHENKAL, THIRUVANANTHAPURAM, PIN - 695132 BY ADVS. D.KISHORE MEERA GOPINATH R.MURALEEKRISHNAN (MALAKKARA) RESPONDENTS/STATE/COMPLAINANT AND DE FACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 THE STATION HOUSE OFFICER PARASSALA POLICE STATION, THIRUVANANTHAPURAM, PIN - 3 SARANYA AGED 25 YEARS D/O.LELITHA, NEAR PARAKONAM SIVASAKTHI TEMPLE, CHENKAL VILLAGE, PARASSALA, THIRUVANANTHAPURAM, PIN - 695132 R1 & R2 BY PUBLIC PROSECUTOR SRI.M.P.PRASANTH R3 BY ADV TOM E.JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Dated this the 22nd day of May, 2024 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings in Annexure I FIR in Crime No.2177/2023 of Parassala Police Station, Thiruvananthapuram.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. In this matter, offences punishable under Sections 294(b), 341, 323, 324, 498A and 308 of the IPC, are alleged to have been committed by the accused.
4. It is submitted that the matter has been amicably settled and the de facto complainant filed affidavit in this regard in a case involving matrimonial dispute.
5. The learned Public Prosecutor also submitted that the matter has been settled between the parties and statement of the de facto complainant to that effect has been recorded.
6. Since the dispute has been settled between the
parties, there is no reason to disallow the prayer for quashment, so as to facilitate peaceful living of the parties hereinafter. Therefore, in the interest of justice, I am inclined to allow this petition. In the result, this petition stands allowed and all further proceedings in Annexure I FIR in Crime No.2177/2023 of Parassala Police Station, Thiruvananthapuram, stand quashed. Sd/- A. BADHARUDEEN JUDGE Bb APPENDIX OF CRL.MC 2341/2024 PETITIONER’S ANNEXURES
ANNEXURE -I CERTIFIED COPY OF THE FIR IN CRIME
ANNEXURE -II TRUE COPY OF THE AFFIDAVIT DATED
28.2.2024 EXECUTED BY THE 3RDRESPONDENT BEFORE NOTARY PUBLIC RESPONENTS’ ANNEXURES : NIL