Dr Jithin C.S vs State Of Kerala

A. Badharudeen, J

This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash Annexure 1 FIR, Annexure 2 Final Report and all further proceedings in C.C.No.810/2020 on the files of the Judicial First Class Magistrate Court-I, Ottapalam, arose out of Crime No.1134/2020 of Ottapalam Police Station, Palakkad. The petitioners herein are accused Nos.1 to 3 in the above case.

Heard the learned counsel for the petitioners, the learned counsel appearing for the de facto complainant and the learned Public Prosecutor.

In this matter, offences punishable under Sections 341, 323, 355 and 498A r/w 34 of the Indian Penal Code are alleged to have been committed by the accused.

The complainant is none other than the wife of the 1st accused.

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.

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.

Since the dispute has been settled in 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 Annexure 1 FIR, Annexure 2 Final Report and all further proceedings in C.C.No.810/2020 on the files of the Judicial First Class Magistrate Court, Ottapalam, arose out of Crime No.1134/2020 of Ottapalam Police Station, Palakkad, as against the petitioners stand quashed.