IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
ABDUL SAMAD – Appellant
Versus
STATE OF KERALA – Respondent
CRL.M.C. NO. 8161 OF 2022|SC NO.791 OF 2021
| Table of Content |
|---|
| 1. the petitioner seeks quashing of proceedings citing settlement. (Para 1 , 2 , 3) |
| 2. public prosecutor acknowledges the statement of the complainant. (Para 4) |
| 3. the court identifies the consensual nature of the relationship. (Para 5) |
O R D E R
The petitioner who is the sole accused in S.C.No.791/2021 on the file of the Additional Sessions Court, Ottapalam, arising out of Crime No. 308/2021 of Sreekrishnapuram Police Station, Palakkad, has filed this Crl.M.C. under section 482 Cr.P.C. praying for quashing all further proceedings against him.
2. I have heard the learned counsel for the petitioner. It is submitted that the entire disputes between the petitioner and the defacto complainant are settled and therefore, he prays for quashing all further proceedings against the petitioner.
3. The 2nd respondent/defacto complainant filed an affidavit stating that the entire disputes between herself and the petitioner has been settled and she does not want to proceed against the petitioner.
4. The learned Public Prosecutor opposed the petition. However, upon instruction, it is submitted that the defacto complainant has given her signed statement to the Station House Officer in tune with the affidavit filed by her before this Court.
5. On a perusal of the F.I.Statement, it is prima facie evident that the relationship between the petitioner and the defacto complainant was a consensual one. In the above circumstances, no useful purpose would be served in continuing the Crl.M.C. any further. Moreover, now the entire disputes between the petitioner and the defacto complainant are settled and the defacto complainant expressed her intention not to proceed against the petitioner. Therefore, this is a fit case in which proceedings can be quashed by invoking the power of this Court under the provisions of Section 482 of the Cr.P.C.
In the result, this Crl.M.C. is allowed. All further proceedings against the petitioner in S.C.No.791/2021 on the file of the Additional Sessions Court, Ottapalam is quashed.
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