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2025 Supreme(Online)(Ker) 52149

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
RATHEESH – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.IRFAN ZIRAJ, SRI.P.M.ZIRAJ
For the Respondents: SRI.V.RENJITH KUMAR, SRI.A.VIPIN NARAYAN, SR.PP

O R D E R

This is a petition filed under Section 528 of B.N.S.S. , by the accused Nos.1 and 2 in Crime No.502 of 2020 of Infopark Police Station, which is pending as C.C.No.3 of 2021 on the file of the Judicial First Class Magistrate’s Court, Kakkanad. The offences alleged against the petitioners are under Sections 354A (1)(i), 354A(1)(ii), 354A(1)(iv), 509, 294(b) and 34 of the Indian Penal Code .

2. The prosecution case is that on 04.10.2020, at about

11 a.m., the accused persons showed obscene gestures to the defacto complainant, abused CWs1 to 4 in filthy words and thereby they alleged to have committed the aforesaid offences.

3. According to the petitioners, the dispute has been amicably settled with the defacto complainant/victim/3rd respondent and that she has agreed to drop all further proceedings relating to the above dispute. Therefore, they prayed for quashing all further proceedings against them.

4. The Defacto complainant/3rd respondent filed affidavit endorsing the averments in the Criminal MC. According to him/her, the case has been amicably settled and that she does not intend to proceed with the case and also that further proceedings in the case can be quashed. He/She

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