Gokul vs State Of Kerala

C.S.Dias, J

The petition is filed under Section 482 of the Code of Criminal Procedure to quash Annexures-A1 FIR and A2 final report in Crime No.2269/2021 of the Palluruthy Kasba Police Station and all further proceedings in CC No.748/2022 of the Court of the Judicial First Class Magistrate-1, Kochi.

The petitioner is the accused in the above crime, which is registered against him for the offences punishable under Sections 294(b), 323, 448 and 506 of the Indian Penal Code.

The prosecution allegation against the petitioner is that on 13.12.2021, he trespassed into the house of the defacto-complainant/ the third respondent and assaulted him and threatened to kill him in connection with a previous monetary transaction. Thus, the petitioner has 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 third respondent.

The learned counsel appearing for the petitioner submitted that with the intervention of the well-wishers and friends, the subject matter in dispute between the petitioner and the third respondent has been amicably settled out of court. The above submission is endorsed by the learned counsel appearing for the third respondent, who submitted that the third respondent has voluntarily filed Annexure-A3 affidavit stating that he has no objection in Annexures A1 and A2 and all further proceedings 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 that the third respondent has voluntarily executed the 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 at 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 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. Annexures-A1 FIR and A2 final report in Crime No.2269/2021 of the Palluruthy Kasba Police Station and all further proceedings in CC No.748/2022 of the Court of the Judicial First Class Magistrate-1, Kochi, as against the petitioner, are quashed.

The Crl MC is ordered accordingly.