Udayaraj vs T.P. Leelavathy and State of Kerala

Thomas P. Joseph, J.—Petitioner is accused in Crime No. 200 of 2011 of Nadakkavu Police Station for offence punishable u/s 354 of the Indian Penal Code, pending investigation. It is alleged that petitioner, on 20.03.2011 while traveling in a vehicle outraged modesty of the first respondent who was also a passenger in that vehicle. Petitioner wants to quash proceeding against him on the strength of settlement with the first respondent. I have heard learned Counsel for petitioner, first respondent and the learned Public Prosecutor.

First respondent has sworn an affidavit stating that she has settled the dispute with petitioner and that she has no objection in quashing proceeding against petitioner. Learned Public Prosecutor after getting instruction has submitted that as per the version of first respondent she is not interested in continuing the proceeding. Learned Counsel for petitioner and first respondent have confirmed the settlement. Learned Counsel for first respondent also confirmed authenticity and genuineness of Annexure-B, affidavit of the first respondent. In that affidavit, it is stated that she has settled the case with petitioner and does not want to continue the matter. In view of that, I am inclined to allow the criminal miscellaneous case.

Resultantly this criminal miscellaneous case is allowed. FIR in Crime No. 200 of 2011 of Nadakkavu Police Station and further proceeding thereon against petitioner are quashed.