Joykutty Varghese vs State Of Kerala

C.S.Dias, J

The petition is filed under Section 482 of the Code of Criminal Procedure to quash Annexure -A1 FIR in Crime No.123/2016 of the Koipuram Police Station and all further proceedings pursuant to it.

The petitioners’ case is that they are the accused No.1 and 2 in the above Crime, which is registered against them for the offences punishable under Sections 447, 427, 324 and 34 of the Indian Penal Code.

The prosecution allegation against the petitioners is that on 14.1.2016 while the defacto complainant – the third respondent – was returning to his house, the second petitioner, who is the nephew of the defacto complainant's father restrained him from moving. The first petitioner and the second petitioner hit the third respondent on his left shoulder and ribs. Thus, they have committed the above offences.

Heard the learned counsel appearing for the petitioners, the learned Public Prosecutor appearing for the respondents 1 and 2 and the learned counsel appearing for the third respondent. Perused the records.

The learned counsel appearing for the petitioners submitted that with the intervention of the well-wishers and friends, the subject matter in dispute between the petitioners and the third respondent has been amicably settled out of court. The learned counsel appearing for the third respondent endorsed the above submission and submitted that the third respondent has filed Annexure-A2 affidavit stating that he has no objection in Annexure A1 FIR being quashed.

The learned Public Prosecutor submitted that the Investigating Officer has ascertained the genuineness of the settlement and reported that the third respondent has voluntarily executed the affidavit. The State has no serious objection in Annexure A1 being quashed.

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. Annexure-A1 FIR and all further proceedings in Crime No.123/2016 of the Koipuram Police Station, as against the petitioners, are quashed.

The Crl MC is ordered accordingly.