High CourtsSingle Bench(2024) 07 KL CK 0108

Anil Thankan vs State Represented By The Public Prosecutor

High Court Of Kerala · Decided on 30 July 2024

HON’BLE JUDGES
A. Badharudeen, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No. 5145 Of 2023

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Judgment

8 paragraphs · 224 words

A. Badharudeen, J

1.

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure-A2 FIR in Crime No.797/2023 of Thrikkakkara Police Station, Ernaklulam. The petitioner herein is the accused in the above crime.

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, offences punishable under Sections 498A, 323 and 341 of IPC are alleged to have been committed by the accused and the defacto complainant is none other than the wife of the accused.

4.

An affidavit sworn by the defacto complainant has been placed stating that the matter has been settled in between them and she has no grievance in the matter of quashing the proceedings.

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 settled, there is no reason to disallow the prayer for quashment, so as to facilitate peaceful living of the married couple. Therefore, in the interest of justice, I am inclined to allow this petition.

In the result, this petition stands allowed. Annexure-A2 FIR in Crime No.797/2023 of Thrikkakkara Police Station, Ernaklulam and the proceedings thereof stand quashed.