Ajeesh. V.J vs State Of Kerala

C.S.Dias, J

The petition is filed under Section 482 of the Code of Criminal Procedure to quash Annexures-A1 FIR and A2 final report in Crime No.693/2016 of the Perinthalmanna Police Station and all further proceedings in S.T No.329/2022 of the Perinthalmanna Grama Nyayalaya, Pulamthole.

The petitioners are the accused Nos.1 to 6 in the above crime, which is registered against them for the offences punishable under Sections 143, 147, 447, 323, 341 and 294(b) read with Section 149 of the Indian Penal Code.

The prosecution allegation against the petitioners is that on 20.10.2016, they in furtherance of a common intention formed an unlawful assembly and wrongfully restrained the defacto-complainant/the third respondent, caused hurt to him and abused him in obscene language. Thus, the petitioners have committed the above offences.

Heard; the learned counsel appearing for the petitioners, the learned Public Prosecutor appearing for the first respondent and the learned counsel appearing for the second respondent.

The learned counsel appearing for the petitioners submitted that with the intervention of the well-wishers and friends, the subject matter in dispute between the petitioners and the second respondent has been amicably settled out of court. The above submission is endorsed by the learned counsel appearing for the second respondent, who submitted that the second respondent has voluntarily filed Annexure-A3 affidavit stating that he has no objection in Annexures A1 and A2 and all further proceedings being quashed.

The learned Public Prosecutor submitted that the Investigating Officer has ascertained and reported that the dispute between the parties has been settled and that the second respondent has voluntarily executed the affidavit. The State has no serious objection in the petition being allowed.

The Hon'ble Supreme Court in Gian Singh vs. State of Punjab [2012 (10) SCC 303] and Prabatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others vs. State of Gujarat and another [(2017) 9 SCC 641] has held that in facts and circumstances of a case and to secure the ends of justice, where the High Court is satisfied that an amicable settlement has been arrived at between the parties and the offence is not serious in nature involving mental depravity, criminal proceedings may be quashed.

After considering the facts and circumstances of the case and the materials on record, and on being convinced that ends of justice would justify the exercise of the inherent power of this Court, particularly since the alleged offences are not serious in nature, no public interest is involved, the chances of conviction is remote, the continuation of the proceeding would only be wastage of judicial time and the settlement would augur harmony, I am satisfied that the petition is to be allowed.

In the result, the Crl.M.C is allowed. Annexures-A1 FIR and A2 final report in Crime No.693/2016 of the Perinthalmanna Police Station and all further proceedings in S.T No.329/2022 of the Perinthalmanna Grama Nyayalaya, Pulamthole, as against the petitioners, are quashed.

The Crl MC is ordered accordingly.