IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
MUHAMMED SHAMIR V.P – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 10649 OF 2025 | C.C.No.1634/2025
| Table of Content |
|---|
| 1. nature of the case is private and involves amicable settlement. (Para 1 , 2) |
| 2. court's considerations included the de facto complainant's statements. (Para 3 , 4 , 5) |
O R D E R
The petitioner is the accused in C.C.No.1634/2025 on the files of the Judicial First Class Magistrate Court-II, Perinthalmanna, which arose out of Crime No.528/2025 of Pandikkad Police Station, Malappuram. The offences alleged against him are under Sections 331 (3), 334(1), 305(a)
& 317(2) read with Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023.
2. In the present petition, the petitioner would contend that the issue involved in this case, has been amicably settled with the de facto complainant, and hence the proceedings against the petitioner are liable to be quashed.
3. Heard the learned counsel for the petitioner, the learned counsel for the second respondent and the learned Public Prosecutor representing the State of Kerala.
4. The de facto complainant has filed an affidavit before this Court, stating that the issue has been amicably settled with the petitioner, and hence she is not interested in continuing the proceedings against the petitioner.
5. The learned Public Prosecutor, upon instructions, submitted that the de facto complainant had given statement to the Investigating Officer also, to the effect that the issue has been amicably settled with the petitioner, and hence she is not interested in continuing the criminal prosecution against the petitioner.
6. The issue involved in this case is purely private in nature.
Now that it has been amicably settled between the parties. Having regard to the above facts and circumstances of the case, I am of the view that no purpose would be fulfilled by the continuance of the prosecution against the petitioner, and hence it is highly necessary to terminate the prosecution proceedings to prevent abuse of process of court. Such a course is also required to maintain the harmonious relationship between the parties. Therefore, the prayer in this petition to quash the proceedings against the petitioner, has to be allowed.
In the result, the petition stands allowed. The proceedings against the petitioner/accused in C.C.No.1634/2025 on the files of the Judicial First Class Magistrate Court-II, Perinthalmanna, which arose out of Crime No.528/2025 of Pandikkad Police Station, Malappuram, are hereby quashed.
(Sd/-)
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