Jayesh vs State Of Kerala

C.S.Dias, J

The petition is filed under Section 482 of the Code of Criminal Procedure,1973, to quash Annexure-A1 First Information Report[FIR], Annexure-A2 Final report and all further proceedings in C.C.No.426/2022 of the Judicial First Class Magistrate Court-III, Kollam.

The petitioner is the sole accused in Crime No.301/2022 of the Kollam West Police Station, Kollam, registered against him, for allegedly committing the offences punishable under Sections 498A, 323 and 324 of the Indian Penal Code,1860.

The crux of the prosecution is that: the petitioner was married to the third respondent. During the period of cohabitation, the petitioner mentally and physically harassed the third respondent. Thus, the petitioner has committed the above offences.

Heard; Sri.S.Sreekumar, the learned counsel appearing for the petitioner, Smt.Neema Jacob, the learned Senior Public Prosecutor and Sri.Salmath A. the learned counsel appearing for the third respondent.

The learned counsel for the petitioner submitted that the subject matter in dispute between the petitioner and the third respondent has been amicably settled and the third respondent has voluntarily executed Annexure-A3 affidavit, stating that she  has  no subsisting   grievance as  against  the petitioner  and has no  objection  in  all  further proceedings in the above  crime being  quashed.

The learned Public Prosecutor, on instructions, submitted that the Investigating Officer has ascertained and reported that the subject matter in dispute between the petitioner and the third respondent has been amicably settled and the third respondent has voluntarily executed Annexure-A3 affidavit.

The learned counsel for the third respondent also submitted that the dispute between the parties has been settled and the third respondent has no subsisting grievance as against the petitioner. The said submission is recorded.

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 the facts and circumstances of the 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, the rival submissions made across the Bar, and the materials on record, especially after going through Annexure-A3 affidavit sworn in by the third respondent, which has been found to be genuine and bona fide by the Investigating Officer, I am convinced and satisfied that this is a fit case to exercise 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 in society. Hence, I am inclined to allow the petition.

In the result, the Crl.M.C is allowed by quashing Annexure-A1 First Information Report[FIR], Annexure-A2 Final report and all further proceedings in C.C.No.426/2022 of the Judicial First Class Magistrate Court-III, Kollam, as against the petitioner.

The Crl.M.C is ordered accordingly.