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2025 Supreme(Online)(Ker) 53447

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
SANTHOSH KUMAR – Appellant
Versus
THE STATE OF KERALA – Respondent
CRL.MC NO. 4597 OF 2021



Advocates:
For the Appellants/Petitioners: SRI.M.S.ANEER, SMT.SREELAKSHMI SURESH
For the Respondents: SRI.T.D.SUSMITH KUMAR, SHRI.C.SIVADAS, SMT.T.O.DEEPA

Withdrawal of a criminal misconduct case with liberty to refile under specific circumstances.

Headnote:The petitioner sought to quash Crime No.796/2020 under Section 482 of the Code of Criminal Procedure, claiming settlement with the defacto complainant. The defacto complainant's counsel denied this settlement. The petitioner, thereby, sought permission to withdraw the Crl.M.C, which was granted. The Court dismissed the Crl.M.C as withdrawn but allowed liberty to file a fresh one. The petitioner was allowed to withdraw the petition in light of the present claims. The final order stated that the Crl.M.C is dismissed as withdrawn, with liberty to the petitioner to file a fresh Crl.M.C.

Table of Content
1. petitioner filed for quashing the case. (Para 1)
2. defacto complainant denied settlement, leading to withdrawal. (Para 2)
3. crl.m.c dismissed as withdrawn, allowing reapplication. (Para 3)

ORDER

The petitioner filed this petition under Section 482 of the Code of Criminal Procedure , praying for quashing Crime No.796/2020 of Medical College Police Station, Kozhikode on the ground that the matter has been settled with the defacto complainant.

2. When the matter came up for arguments, the learned counsel for the defacto complainant/2nd respondent submitted that the matter has not been settled. Therefore, the learned counsel for the petitioner seeks permission to withdraw this Crl.M.C with liberty to file fresh Crl.M.C.

Permission is granted.

3. In the light of the above submission, this Crl.M.C is dismissed as withdrawn, with liberty to the petitioner to file fresh Crl.M.C.

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