Aneesh R.S vs State Of Kerala

C.S Dias, J

The petition is filed under Section 482 of the Code of Criminal Procedure, to quash Annexure-A1 First Information Report in Crime No.136/2023 of the Aryanad Police Station.

The petitioners case is that, they are the accused Nos.1 to 3 in the above Crime registered against them for offences punishable under Sections 323, 324, 294(b) and 34 of the Indian Penal Code.

The prosecution allegation is that, on 5.2.2023, the petitioners uttered obcene words against the third respondent – defacto complainant and assaulted him with a stick. Thus, they have committed the above offences.

Heard; the learned counsel appearing for the petitioners, the learned Public Prosecutor appearing for the respondents 1 and 2 and the learned counsel appearing for the third respondent. Perused the materials on record.

The learned counsel appearing for the petitioners submitted that with the intervention of well-wishers and friends, the subject matter in dispute between the petitioners and the third respondent has been settled out of court. The learned counsel appearing for the third respondent endorsed the above submission and submitted that the third respondent has filed Annexure-A2 affidavit, inter alia, stating that the dispute between the parties has been settled and he has no objection in Annexure-A1 FIR 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 the third respondent has voluntarily executed the affidavit.

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 between the parties and the offence is not serious in nature involving mental depravity, criminal proceedings may be quashed.

On a consideration of 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. Annexure-A1 FIR in Crime No.136/2023 of the Aryanad Police Station, Thiruvananthapuram (Rural) and all further proceedings, as against the petitioners are quashed.

The Crl.M.C is ordered accordingly.