JAINA Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are accused nos.1 to 3 in C.C. No.1467/2022 of the Judicial First Class Magistrate Court-II, Alappuzha. The offences alleged are under Ss. 447, 427, 294(b), 506(i) and 34 of the Indian Penal Code.

(2.) The above Crl.M.C. has been filed seeking to quash Annexure-A1 F.I.R in Crime No.1090/2012 of Mannancherry police station, Annexure-A2 final report in C.C.No.1467/2022 and all further proceedings thereto against the petitioners. Quashment is sought for on the premise that the issues between the accused persons and the defacto complainant (3rd respondent herein) have been amicably settled and that the defacto complainant is no more interested to prosecute the matter as against the petitioners. Annexure-A3 affidavit has been sworn to by the 3rd respondent/defacto complainant stating inter alia that she has no grievance against the petitioners in connection with Crime No.1090/2012 and that she has no intention to proceed with C.C. No.1467/2022 of the Judicial First Class Magistrate Court-II, Alapuzha, any more.

(3.) When this matter was moved, this Court directed the learned Public Prosecutor to get instructions, along with a signed statement of the defacto complainant. The same is also filed, wherein the Investigating Officer would report that the defacto complainant is not willing any more to continue the case against the petitioners. Along with the said report, Annexure-A1 signed statement of the defacto complainant statement is also appended, wherein also the above referred facts are reiterated.