RAJEEV M.S. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the sole accused in Crime No.94/2021 of Museum Police Station, Thiruvananthapuram, now pending as ST 28/2022 before the Chief Judicial Magistrate, Thiruvananthapuram. The petitioner is alleged to be committed offences under Sec. 294(b) of the Indian Penal Code and 120(O) of the Kerala Police Act.

(2.) The allegation against the petitioner is that on 7/2/2021, the petitioner called the 2nd respondent on the phone for three times at around 9.20 p.m and verbally abused her.

(3.) The learned Counsel appearing for the petitioner would submit that the 2nd respondent had raised the allegations on account of some misunderstanding. It is submitted that all issues between the petitioner and the 2nd respondent have been settled and the 2nd respondent does not wish to continue the prosecution in any manner. The learned Public Prosecutor and the learned Counsel appearing for the 2nd respondent would confirm that the issues have been settled and the 2nd respondent does not wish to continue with the prosecution. Having regard to the facts and circumstances of the case and considering the fact that the offences alleged against the petitioner are not of a heinous nature, which would require this Court to refrain from exercising jurisdiction under Sec. 482 Cr.PC, proceedings against the petitioner can be quashed on the ground of settlement. Accordingly, all further proceedings in ST No. 28/2022 pending before the Chief Judicial Magistrate Thiruvananthapuram arising out of Crime No.94/2021 of Museum Police Station will stand quashed.