Beljith vs State Of Kerala

C.S Dias, J

The petition is filed under Section 482 of the Code of Criminal Procedure, to quash Annexure-A2 First Information Report in Crime No.723/2022 of the Cusba Police Station, Kozhikode.

The petitioner's case is that, he is the accused in the above Crime, which is registered against him for the offences punishable under Sections 341, 323, 324 and 448 read with Section 34 of the Indian Penal Code.

The   prosecution   allegation   against   the petitioner is that, on 19.10.2022, the petitioner tresspassed into the house of the second respondent and attacked her husband - the third respondent. Thus, he has committed the above offences.

Heard; the learned counsel appearing for the petitioner, the learned Public Prosecutor appearing for the first respondent and the learned counsel appearing for respondents 2 and 3. Perused the materials on record.

The learned counsel appearing for the petitioner submitted that with the intervention of well-wishers and friends, the subject matter in dispute between the petitioner and respondents 2 and 3 has been settled out of court. The learned counsel appearing for respondents 2 and 3 endorsed the above submission, and submitted that respondents 2 and 3 have filed Annexure-A3 and Annexure-A4 affidavits, inter alia, stating that the dispute between the parties has been settled and they have no objection in Annexure-A2 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 respondents 2 and 3 have voluntarily executed the affidavits.

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-A2 FIR in Crime No.732/2022 of the Cusba Police Station, Kozhikode and all further proceedings pursuant to it, as against the petitioner are quashed.

The Crl.M.C is ordered accordingly.