Jaseel Moidu vs State Of Kerala

Gopinath P., J

The petitioners are the accused in Crime No.991/2018 of Vatakara Police Station alleging the commission of offence under Sections 498A, 406

r/w.Section 34 of the Indian Penal Code. Following investigation, a final report has been filed in the matter before the Judicial First Class Magistrate

Court, Vatakara and the same has been taken on file as C.C.No.981/2019. It is submitted with reference to Annexure-A3 affidavit that the entire

disputes between the petitioners and the 2nd respondent (defacto complainant)have been amicably settled.

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

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 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 petitioner.

In the result, this Crl.M.C. is allowed. All further proceedings in C.C.No.981/2019 on the file of the Judicial First Class Magistrate Court, Vatakara

will stand quashed as against the petitioners.