High CourtsSingle Bench(2024) 05 KL CK 0104

Subash K.C vs State Of Kerala

High Court Of Kerala · Decided on 20 May 2024

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

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

8 paragraphs · 271 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-1 Final Report in Crime No.1755/2021 of Thodupuzha Police Station, Idukki, now pending as C.C. No.910/2022 on the files of the Chief Judicial Magistrate Court, Thodupuzha. Petitioner herein is the accused in the above case.

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), 294(b), 323 and 324 of IPC and Section 4 of the Dowry Prohibition Act, are alleged to have been committed by the accused and the de facto 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 and Annexure-1 Final Report in Crime No.1755/2021 of Thodupuzha Police Station, Idukki, now pending as C.C. No.910/2022 on the files of the Chief Judicial Magistrate Court, Thodupuzha and the proceedings thereof stand quashed.