Jayakrishnan vs State of Kerala

K. Ramakrishnan, J.—This Criminal Miscellaneous Case is filed by the petitioners, who are accused 1 & amp; 5 to 10 in C.C. No. 243/2009 on the file of the Judicial First Class Magistrate Court-II, Palakkad to quash the proceedings on the basis of the settlement under Section 482 of the Code of Criminal Procedure (hereinafter referred to as ''the Code'').

It is alleged in the petition that the petitioners were arrayed as accused 1 & amp; 5 to 10 in Crime No. 79/2009 of Kongad police station which was registered on the basis of a statement given by the second respondent as de-facto complainant alleging offences under Sections 143, 147, 341 and 323 read with Section 149 of the Indian Penal Code. After investigation, Annexure-A1 final report was filed and it was taken on file as C.C. No. 243/2009 on the file of the Judicial First Class Magistrate Court-II, Palakkad. The entire matter has been settled between the parties. The parties were known to each other. Due to intervention of well wishers of both the parties, the matter has been settled and their old relationship has been restored. The de-facto complainant and other injured do not want to prosecute the petitioners as well. Since some of the offences are non compoundable in nature, they could not file application before the court below. On account of the settlement, there is no possibility of conviction as well. So the petitioners have no other remedy except to approach this Court seeking the following relief:

For these and other grounds that may be allowed to be advanced at the time of hearing, it is most respectfully prayed that this Hon''ble Court may be pleased to quash all proceedings in Annexure A-I Final Report pending before the Judicial 1st class Magistrate Court-II, Palakkad in C.C. No. 243/2009 arising out of Crime No. 79/2009 of Kongad Police Station and allow this petition accordingly.

Respondents 2 to 4 have appeared through counsel and submitted that they have no objection in quashing the proceedings as the matter has been settled due to intervention of well wishers of both the parties.

The counsel for the petitioners also submitted that in view of the settlement, there is no possibility of conviction and so he prayed for allowing the application. He had also submitted that the third accused is no more and since accused 2 and 4 are absconding, they could not join for settlement, but he restricted the claim for the petitioners alone.

The learned Public Prosecutor, on instructions, as directed by this Court submitted that except this case, there is no other case against the petitioners, but opposed the petition for quashing the proceedings invoking the power under Section 482 of the Code.

It is an admitted fact that the petitioners along with others were made accused in Crime No. 79/2009 of Kongad police station which was registered on the basis of the statement given by the second respondent as de-facto complainant alleging that the petitioners have formed themselves into an unlawful assembly, wrongfully restrained them and beaten them with hands and the second respondent along with respondents 3 and 4 also sustained some injury and thereby all the petitioners and others have committed the offences punishable under Sections 143, 147, 341 and 323 read with Section 149 of the Indian Penal Code. After investigation, Annexure-A1 final report was filed against the petitioners and others which was taken on file as C.C. No. 243/2009 and now pending before the Judicial First Class Magistrate Court-II, Palakkad. It is seen from the report received from the court below that the third accused reported dead and so charge against him abated and accused 2 and 3 are absconding and other accused persons, who are the petitioners herein, are on bail. It is seen from the affidavits filed by respondents 2 to 4 that the matter has been settled between the parties and it was caused on account of the misunderstanding between the parties which has been settled due to intervention of well wishers and there is no possibility of conviction as well. There is no public interest involved in the case. It cannot be treated as a political dispute or other dispute having public interest as well. Proceeding with the case as against the petitioners will only be wastage of judicial time. Since offences under Sections 143 and 147 are included, which are non compoundable in nature and other offences are compoundable in nature, they could not file application before the court below. Further in the wound certificate, there is no external injury noted as well.

In the decision reported in Gian Singh Vs. State of Punjab and Another, the Supreme Court has been held that if it is a private dispute which resulted in registration of the crime and there is no public interest involved and if the matter has been settled between the parties and proceeding with the case will only amount to wastage of judicial time, then the court can invoke the power under Section 482 of the Code to quash the proceedings in order to promote settlement.

In view of the dictum laid down in the above decision and also considering the fact that it is a private dispute, which resulted in registration of the crime and filing of the final report which has been now settled between the parties and on account of the settlement, there is no possibility of conviction and proceeding with the case will only amount to wastage of judicial time, the court feels that it is a fit case to invoke the power under Section 482 of the Code to quash the proceedings.

So, this petition is allowed and further proceedings in C.C. No. 243/2009 (Crime No. 79/2009 of Kongod police station) pending before the Judicial First Class Magistrate Court-II, Palakkad as against the petitioners, who are accused 1 & amp; 5 to 10 is hereby quashed.

Office is directed to communicate this order to the concerned court immediately.