High CourtsSingle Bench(2023) 05 KL CK 0082

Jiby Eapen vs State Of Kerala

High Court Of Kerala · Decided on 12 May 2023

HON’BLE JUDGES
A. Badharudeen, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No. 3746 Of 2023

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Judgment

8 paragraphs · 265 words

A. Badharudeen, J

1.

This petition has been filed under Section 482 of the Code of Criminal Procedure, to quash final report in Crime No.1342/2017 of Edathwa Police Station, now pending as C.C.No.49/2022 before the Judicial First Class Magistrate Court, Ambalapuzha.

2.

Heard the learned counsel for the petitioners as well as the learned Public Prosecutor and also heard Adv.Sri.A.L.Navaneeth Krishnan, appearing for respondents 3 to 6.

3.

In this matter, it is submitted by the learned Public Prosecutor that, CW1 is no more. The legal representative of CW1 is the 3rd respondent. Respondents 4 to 6 are the witnesses in this matter.

4.

The learned counsel for the petitioners as well as the learned counsel appearing for the party respondents would submit that the matter has been settled and the offences are compoundable in nature, viz., under Sections 447, 427, 294(b), 506(ii) r/w Section 34 of the Indian Penal Code.

5.

The learned Public Prosecutor though sought time to get instructions and submitted that CW1 is no more, it is noted that the 3rd respondent in this matter is the legal heir of CW1 and the 3rd respondent has no grievance in this matter, involving minor offences.

6.

Since minor offences are involved in a matter, where the legal heir of the victim did not have any objection, there is no reason to continue the proceedings further. In view of the matter, the petition stands allowed.

In the result, the further proceedings in Crime No.1342/2017 of Edathwa Police Station, now pending as C.C.No.49/2022 before the Judicial First Class Magistrate Court, Ambalapuzha, shall stand quashed.