Ben Kuriakose vs State Of Kerala And Ors

The petition is filed under Section 482 of the Code of Criminal Procedure.

The petitioner is the accused in Crime No.995/2020 of the Erattupetta Police Station registered against him for offences punishable under Sections

323 and 498A of the Indian Penal Code. Annexure A is the final report filed by the Police before the Judicial First Class Magistrate Court,

Erattupetta, which has been taken on file and numbered as CC 241/2020.

The prosecution allegation is that the second respondent is the wife of the petitioner. The petitioner treated the second respondent with cruelty and

demanded more dowry from her and assaulted her. 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 the second respondent. Perused the records.

The learned counsel for the petitioner submitted that with the intervention of well-wishers, the subject matter in dispute between the petitioner and

the second respondent has been settled out of Court.

The learned counsel appearing for the second respondent submitted that the second respondent has filed Annexure-B affidavit, inter alia, stating

that she has no subsisting grievance against the petitioner and is no longer desirous of pursuing the matter any further as against the petitioner. The

learned counsel vouched for the signature of the second respondent in Annexure-B affidavit.

The learned Public Prosecutor reported that the Investigating Officer has ascertained the genuineness of the settlement and the execution of

Annexure-B 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 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 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-A final report in Crime No.995/2020 of the Erattupetta Police Station and all further proceedings in

C.C No.241/2020 of the Judicial First Class Magistrate Court, Erattupetta as against the petitioner are quashed.