IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
ALIYARSHAH SALIM – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 9797 OF 2025
| Table of Content |
|---|
| 1. facts and dispute settlement (Para 1 , 2 , 3 , 4 , 5) |
| 2. court's observations on settlements (Para 6) |
| 3. final decision and quashing (Para 7) |
O R D E R
This is a petition filed under Section Section 528 of B.N.S.S., by the accused Nos.1 to 4 Crime No.1241 of 2025 of Ernakulam Police Station. The offences alleged against the petitioners are under Sections 296 (b), 351(2), 79, 78, 118(1) and
126(2) r/w Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023.
2. The prosecution case, as revealed from the FIR, is that on 24.08.2025 at about 10.30 p.m., due to the enmity of the accused persons towards the defacto complainant as being a celebrity, she did not permit them to take photograph with her, abused her with filthy words, wrongfully restrained her and intimidated her and also voluntarily ccaused hurt to her and her friend and thereby they alleged to have committed the aforesaid offences.
3. According to the petitioners, the dispute has been settled with the defacto complainant and 2nd respondent and all of them agreed to drop all further proceedings relating to the above dispute. Therefore, the petitioners prayed for quashing all further proceedings against them.
4. The Defacto complainant and 2nd respondent affidavits endorsing the averments in the Criminal MC. According to them, the case has been amicably settled and that they do not intend to proceed with the case and also that further proceedings in the case can be quashed. They have no further grievance against the petitioners.
5. The learned Public Prosecutor, after getting instruction from the investigating officer also submitted that the dispute has been amicably settled between the parties and that the victims are not interested in continuing the prosecution against the petitioners.
6. Considering the fact that the offences involved in this case are not heinous and very serious, but purely of private in nature and now the dispute has been settled between the parties, quashment of the same is necessary for maintaining harmonious relationship between them and also to prevent abuse of process of the court.
7. In the result, This Crl. M.C is allowed. All further proceedings against the petitioners in Crime No.1241 of 2025 of Ernakulam Police Station, stands quashed under Section Section
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