Firose Babu K vs State Of Kerala And Ors

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

The petitioner is the 4th accused in Crime No.298/2016 of the Areacode Police Station, which is registered against him for offences punishable under Sections 143, 147, 148, 341, 323 and 324 read with Section 149 of the Indian Penal Code.

The prosecution allegation against the petitioner is that on 19.5.2016, the accused, who were five in number, attacked the 3rd respondent and thus committed the above offences.

Heard the learned counsel appearing for the petitioner, the learned Public Prosecutor appearing for the respondents 1 and 2 and the learned counsel appearing for the 3rd 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 3rd respondent has been settled out of court.

The learned counsel appearing for the 3rd respondent submitted that the 3rd respondent has filed Annexure-C affidavit, inter alia, stating that he 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 3rd respondent in Annexure-C affidavit.

The learned Public Prosecutor reported that the Investigating Officer has ascertained the genuineness of the settlement and the execution of Annexure-C 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 and all further proceedings in C.C No.329/2017, which is now pending as L.P. 21/2018, in Crime No.298/2016 of the Areacode Police Station as against the petitioner are quashed.