Jayan E.K vs State Of Kerala

C.S.Dias, J

The petition is filed under Section 482 of the Code of Criminal Procedure, to quash Annexure-I FIR and Annexure-2 Final Report in Crime No.1965/2020 of the Kothamangalam Police Station and all further proceedings in C.C. No.272/2021 of the Judicial First Class Magistrate Court -I, Kothamangalam..

The petitioners’ case is that, they are the accused in the above crime, which is registered against them for the offences punishable under Sections 498A and 34 of the Indian Penal Code.

The first petitioner is the husband of the defacto complainant - the second respondent. The second petitioner is the mother of the first petitioner. The prosecution allegation against the petitioners is that, they had harassed and treated the second respondent with mental and physical cruelty, demanding more dowry. Thereby, they have committed the above offences.

Heard; the learned counsel appearing for the petitioners, the learned Public Prosecutor appearing for the first respondent and the learned counsel appearing for the second respondent. Perused the materials on record.

The learned counsel appearing for the petitioners submitted that with the intervention of well-wishers and friends, the subject matter in dispute between the petitioners and the second respondent has been settled out of court. The above submission is endorsed by the learned counsel appearing for the second respondent, who submitted that the second respondent has filed Annexure-3 affidavit, inter alia, stating that the dispute between the parties has been settled and the second respondent is no longer desirous of prosecuting Annexure-2 as against the petitioners.

The learned Public Prosecutor submitted the Investigating Officer has ascertained and reported that the dispute between the petitioners and the second respondent has been settled and the third respondent has voluntarily executed Annexure-3 affidavit.

The Hon’ble Supreme Court in Gian Singh v. State of Punjab [(2012) 10 SCC 303] and Prabatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others v. State of Gujarat and another [(2017) 9 SCC 641] has held that in the 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.

On a consideration of 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. Annexure-2 Final Report in Crime No.1965/2020 of the Kothamangalam Police Station and all further proceedings in C.C No.272/2021 of the Judicial First Class Magistrate Court – I, Kothamangalam, as against the petitioners, are quashed.

The Crl.M.C is ordered accordingly.