High CourtsSingle Bench(2024) 08 KL CK 0009

Mathukutty vs State Of Kerala

High Court Of Kerala · Decided on 5 August 2024

HON’BLE JUDGES
A. Badharudeen, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No. 5432 Of 2024

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Judgment

8 paragraphs · 252 words

A. Badharudeen, J

1.

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings pursuant to Annexure.B Final Report in Crime No.442/2023 of Puthencruze Police Station, Ernakulam, now pending as C.C. No.403/2023 on the files of the Judicial First Class Magistrate Court, Kolenchery.

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 498(A), 323, 324, 294(b) 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 the parties 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.B Final Report in Crime No.442/2023 of Puthencruze Police Station, Ernakulam, now pending as C.C. No.403/2023 on the files of the Judicial First Class Magistrate Court, Kolenchery and the proceedings thereof stand quashed.