IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
AFIF MOHAMED SALEEM – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 4945 OF 2024 | CC NO.337/2021
| Table of Content |
|---|
| 1. facts of the case involving a petition under crpc. (Para 1 , 2) |
| 2. settled dispute leading to a request for quashing. (Para 3 , 4 , 5) |
| 3. court acknowledges amicable settlement supporting the quashing of proceedings. (Para 6) |
| 4. final ruling favoring the petitioners. (Para 7) |
ORDER
This is a petition filed under Section 482 of the Code of Criminal Procedure , by the accused Nos.1 to 6 in Crime No.182 of 2020 of Mattancherry Police Station, Ernakulam, which is pending as CC. No.337/2021 on the file of the Judicial First Class Magistrate Court, Mattanchery. The offences alleged against the petitioners are under Section s 323 , 506 and 498A of the Indian Penal Code , 1860.
2. The prosecution case is that the 1st accused being the husband of the defacto complainant and the other accused being his relatives subjected her to cruelty both physically and mentally on the ground of dowry, voluntarily caused hurt to her and intimidated her and thereby they are alleged to have committed the aforesaid offence.
3. According to the petitioners, the dispute has been settled with the defacto complainant/victim/ respondent Nos.2 and 3 and they 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/victims filed 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 all 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 at all interested in continuing the prosecution against the petitioners.
6. Considering the fact that the offence involved in this case is not heinous and very serious, but purely a matrimonial and private dispute, which has been amicably settled between the parties, quashment of further proceedings is necessary for maintaining harmonious relationship between the parties.
7. In the result, this Crl. M.C is allowed. All further proceedings against the petitioners in CC. No.337/2021 on the file of the Judicial First Class Magistrate Court, Mattanchery, arising from crime No.182 of 2020 of Mattancherry Police station, Ernakulam,stands quashed under Section 482 of Cr.P.C.
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