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2024 Supreme(Online)(KER) 21164

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN THURSDAY, THE 8TH DAY OF AUGUST 2024 / 17TH SRAVANA, 1946 CRL.MC NO. 5616 OF 2024 CRIME NO.461/2015 OF CHAVARA POLICE STATION, KOLLAM ST NO.1827 OF 2018 OF GRAMA NYAYALAYA, CHAVARA, KOLLAM.

PETITIONER/ACCUSED:

NOUSHAD AGED 50 YEARS S/O.HAMEED KUNJU, ARYATTU VEEDU, NEELIKULAM MURI, KULASHEKARAPURAM VILLAGE, KARUNAGAPPALLY THALUK, KOLLAM DISTRICT., PIN - 690542 BY ADV P.V.DILEEP RESPONDENTS/STATE,COMPLAINANT & DE FACTO COMPLAINANT:

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

2 THE STATION HOUSE OFFICER CHAVARA POLICE STATION, CHAVARA.P.O., KOLLAM DISTRICT., PIN - 691583

3 SAFIATH AGED 44 YEARS D/O.ALIKUNJU, PUTHUKKALIL PADINJATTATHIL HOUSE, PALAKKAL MURI, THEVALAKKARA VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT., PIN - 690524 R1 & R2 BY SR.PUBLIC PROSECUTOR SRI.RENJIT GEORGE R3 BY ADV.SWAPNA VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

08.08.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 8th day of August, 2024 This criminal miscellaneous case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash Annexure-1 Final Report/charge sheet and all further proceedings in S.T.No.1827/2018 on the files of the Grama Nyayalaya, Chavara, arose out of Crime No.461/2015 of Chavara police station, Kollam District. The petitioner herein is the sole accused in the above case.

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 323, 341, 427 and 506(i) of the Indian Penal Code, 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. The de facto complainant stated in the affidavit that she has no intention to proceed further in this matter.

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 matter has been amicably settled 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 Criminal Miscellaneous Case stands allowed. Annexure-1 Final Report/charge sheet and all further proceedings in S.T.No.1827/2018 on the files of the Grama Nyayalaya, Chavara, arose out of Crime No.461/2015 of Chavara police station, Kollam District, against the petitioner herein, stand quashed.

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