Dileep.J vs State Of Kerala
2024 Latest Caselaw 16440 Ker

Kerala High Court

Dileep.J vs State Of Kerala on 11 June, 2024

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
         THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
  TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
                     CRL.MC NO. 4290 OF 2024
    CRIME NO.1372/2021 OF Kundara Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1899 OF 2021 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I, KOLLAM
PETITIONER/ACCUSED:

         DILEEP.J
         AGED 27 YEARS
         RESIDING AT TEMPRA VADAKKATHIL,
         CHANDANATHOPR.P.O.PERINAD,KOLLAM,
         PIN - 691014

         BY ADVS.
            B.DIPU SACH DEEV
            ANEESHRAJ R.


RESPONDENTS/STATE:

    1    STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, PIN - 682031

    2    INSPECTOR OF POLICE
         KUNDARA POLICE STATION,KUNDARA.P.O.
         KUNDARA,KOLLAM, PIN - 691501

    3    VALASALA.B
         AGED 62 YEARS
         RESIDING AT TEMPARA VADAKKATHIL,CHANDANATHOPE P.O.
         PERINAD,KOLLAM, PIN - 691014

         BY ADV
            SR PP RENJIT GEORGE


    THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 11.06.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
 CRL.MC NO.4290 OF 2024
                                  2



                              ORDER

Dated this the 11th day of June, 2024

This Criminal Miscellaneous Case has been filed

under Section 482 of the Code of Criminal Procedure,

1973, to quash Annexure-A2 Charge sheet dated

25.09.2021 and all other proceedings in Crime

No.1372/2021 of Kundara Police Station, now pending as

C.C. No.1899/2021 on the files of the Judicial Magistrate

Court-I, Kollam against the accused/Petitioner.

2. Heard the learned counsel for the petitioner, the

learned counsel appearing for the de facto complainant

and the learned Public Prosecutor.

3. In this matter, offences punishable under

Sections 506, 294(b) and 323 of IPC are alleged to have

been committed by the accused.

4. It is submitted that the matter has been amicably

settled and the de facto complainant filed affidavit in this

regard.

CRL.MC NO.4290 OF 2024

5. 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.

6. 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-A2 Charge sheet dated 25.09.2021 and all other

proceedings in Crime No.1372/202 of Kundara Police

Station, now pending as C.C. No.1899/2021 on the files of

the Judicial Magistrate Court-I, Kollam against the

accused/Petitioner stand quashed.

Sd/-

A. BADHARUDEEN JUDGE

MSA CRL.MC NO.4290 OF 2024

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF THE F.I.R & F.I.S IN KUNDARA POLICE STATION CRIME NO.1372/2021 DATED 15.08.2021

Annexure A2 .TRUE COPY OF THE CHARGE SHEET IN C.C.NO.1899 OF 2021 DATED 25.09.2021 ON THE FILES OF THE J.F.M.C- I, KOLLAM

Annexure A3 TRUE COPY OF THE AFFIDAVIT OF 3RD RESPONDENT DATED 17.05.2024