High CourtsSingle Bench(2023) 05 KL CK 0081

Dr. Biju Lukose vs State Of Kerala

High Court Of Kerala · Decided on 12 May 2023

HON’BLE JUDGES
A. Badharudeen, J
CASE NUMBER
Criminal Miscellaneous Petition No. 3740 Of 2023

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Judgment

6 paragraphs · 194 words

A. Badharudeen, J

1.

This petition has been filed under Section 482 of Cr.PC and the prayer herein is to quash Annexure-A1 FIR in Crime No.120/2023, of Elamakkara Police Station.

2.

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

3.

It is submitted by the learned counsel for the petitioner that, the petitioner is the defacto complainant in this crime and the accused is the mother-in-law of the petitioner/defacto complainant. According to the learned counsel for the petitioner, in this case, crime alleging offence under Section 406 of IPC, was registered at the instance of the petitioner. Now, the matter has been settled and the defacto complainant has no grievance. Therefore, Annexure-A1 is liable to be set aside to effectuate harmonious life in between the accused and the defacto complainant.

4.

Though, the learned Public Prosecutor did not get any detailed instructions, it has been noted that the petitioner is none other than the defacto complainant.

In view of the matter, there is no meaning to continue further investigation on the basis of Annexure-A1. Hence, in the interest of justice, Annexure-A1 and further proceedings thereon shall stand quashed.