Asif C.B vs State Of Kerala

Gopinath P., J

The petitioners are the accused in Crime No.1754/2020 of Perumbavoor Police Station alleging commission of offences under Section 498A of

IPC. With reference to Annexure-A2 affidavit filed by the 2nd respondent (defacto complainant) it is submitted that the entire disputes between the

petitioners and 2nd respondent have been settled. It is also submitted that the marriage between the 1st petitioner and the 2nd respondent has been

legally dissolved and the petitioners are living separately.

I have heard the learned counsel for the petitioners and the learned counsel appearing for the 2nd respondent and the learned Public Prosecutor

appearing for the State of Kerala.

The Hon'ble Supreme Court in Gian Singh v. State of Punjab [2012 (10) SCC 303] and Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and

others vs. State of Gujarat and another [(2017) 9 SCC 641] has held that considering the facts and circumstances of a case, 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 etc.,

criminal proceedings may be quashed, in order to secure the ends of justice.

Considering the facts of the case and the nature of the offence and keeping in mind the principles laid down by the Supreme Court in the decisions

referred to above, I am of the opinion that this is a fit case where the inherent jurisdiction of this Court under Section 482 of the Code of Criminal

Procedure can be invoked to quash the proceedings. Apparently, no public interest is involved. The chances of a successful prosecution are also

remote. It will be a wastage of judicial time to continue with the prosecution against the petitioners. I therefore allow this Crl.M.C and quash

Annexure-1 F.I.R in Crime No.1754/2020 of Perumbavoor Police Station, as against the petitioners.