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2025 Supreme(Online)(Ker) 46043

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
ANILKUMAR @ THAMBI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.SAM ISAAC POTHIYIL, SMT.S.SURAJA, SHRI.MUHAMMED SUHAIR C.A
For the Respondents: SHRI.HARISH V.S.

ORDER

The petitioner is the accused in Crime No.1367/2017 registered by the Ernakulam Town South Police Station for allegedly committing offence punishable under Section 394 of the Indian Penal Code.

2. The petitioner has approached this Court under Section 482 of the Code of Criminal Procedure to quash Annexures A-1 FIR and all further proceedings in Crime No.1367/2017. It is averred in the criminal miscellaneous case that the dispute that led to the registration of the crime has been amicably settled between the petitioner and the 3rd respondent. The 3rd respondent is the victim, who has affirmed Annexures A-2 affidavit, vouching for the settlement.

3. I have heard the learned Counsel appearing for the petitioner, the learned Public Prosecutor, and the learned Counsel for the 3rd respondent.

4. The Hon’ble Supreme Court, in Gian Singh v. State of Punjab [(2012) 10 SCC 303] , State of Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC 688] , Naushey Ali v. State of U.P. [(2025) 4 SCC 78] , and in a catena of decisions, has authoritatively held that in cases where the offences are not grave or heinous, involving mental depravity, and where the parties have amicably settl

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