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2025 DIGILAW 1156 (KER)

Shakeela, W/o. Saithu Muhammed v. State of Kerala, Represented by Public Prosecutor, High Court of Kerala, Kochin

2025-05-09

SYAM KUMAR V.M.

body2025
ORDER : The petitioners have approached this Court to quash Annexures - 1 and 2 and all further proceedings in Crime No.445 of 2003 of Kunnamkulam Police Station on the ground of settlement arrived at between the parties. 2. The petitioners are the accused and the offences alleged against the petitioners are punishable under Sections 450 , 341, 323, 354, 384 , 294 (b), 506 , 509 and 34 IPC . Respondents 2 and 3 are the defacto complainants. Annexures 3 and 4 are the affidavit sworn in by them. 3. Heard Sri. Vishnuprasad Nair, the learned Counsel appearing for the petitioners, Sri. K.R. Arun Krishnan, the learned Counsel appearing for respondents 2 and 3 and the learned Public Prosecutor appearing for the 1 st respondent. 4. Learned Public Prosecutor, on instructions, submits that the matter has been settled and genuineness of the settlement has been ascertained. A statement has been obtained from respondents 2 and 3 and they confirm the fact that the settlement has indeed been arrived at in terms of Annexures 3 and 4 affidavits filed by them respectively. 5. Learned Counsel submits that the defacto complainant as well as the injured have settled the dispute as revealed in Annexures 3 and 4 affidavits. 6. In view of the dictum laid down by the Hon’ble Supreme Court in Gian Singh v. State of Punjab [ (2012) 10 SCC 303 ] and State of Madhya Pradesh v. Laxmi Narayan [ (2019) 5 SCC 688 ], I am of the opinion that the proceedings against the petitioners can be quashed taking note of the settlement arrived at between the victim and the offender. No purpose would be served by continuing with the proceedings against the petitioners. Crl.M.C. is allowed and Annexure-1 FIR and Annexure-2 Final Report are quashed. No further proceedings in C.C.No.708 of 2023 on the file of the Judicial First Class Magistrate Court, Kunnamkulam, arising of Crime No.445 of 2003 of Kummankulam Police Station as against the petitioners are warranted.