LAWS(KER)-2023-5-16

NIKHIL BABU K.A. Vs. STATE OF KERALA

Decided On May 05, 2023
Nikhil Babu K.A. Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioners stand accused of commission of offences under Ss. 498-A and 406 r/w Sec. 34 of the Indian Penal Code.

(2.) Following the registration of the crime as Crime No.11/2022 of Payyoli Police Station, Kozhikode District, Annexure A2 final report was filed before the Judicial First Class Magistrate Court, Payyoli against the petitioners. The learned counsel for the petitioners, the learned Public Prosecutor appearing for respondents 1 and 2 and the learned counsel appearing for the 3rd respondent (defacto complainant) would submit that the entire disputes have been settled between the petitioners and the 3rd respondent and Annexure A3 affidavit has been executed by the 3rd respondent recording that there is no objection in the criminal proceedings against the petitioners being quashed.

(3.) Having heard the learned counsel appearing for the petitioners, the learned Public Prosecutor appearing for respondents 1 and 2 and the learned counsel appearing for the 3rd respondent and keeping in mind the parameters laid down in Narinder Singh and Ors vs State Of Punjab and Anr (2014) 6 SCC 466 I am of the view that all further proceedings in C.C.No.137/2022 on the files of the Judicial First Class Magistrate Court, Payyoli can be quashed. Accordingly, this petition is allowed and all further proceedings against the petitioners in C.C.No.137/2022 on the file of the Judicial First Class Magistrate Court, Payyoli will stand quashed.