Laban vs State Of Kerala

Bechu Kurian Thomas, J

Petitioners have invoked the jurisdiction under Section 482 of Cr.P.C to quash all proceedings against them.

Petitioners are accused Nos. 1 to 5 in C.C. No.1547/2019 on the files of the Judicial First Class Magistrate’s Court-I, Varkala, arising out of Crime No.783/2018 of Anchuthengu Police Station, registered for the offences under Sections 143, 147, 149, 294(b), 323 and 324 r/w Section 308 of the Indian Penal Code, 1860. Respondents 2 to 4 are the defacto complainant and the injured witnesses.

Heard the learned counsel for the petitioners and the learned counsel for the respondents, apart from the learned Public Prosecutor.

The learned counsel for the petitioners submitted that the matter has been settled and hence the proceedings against the petitioners ought to be quashed. It was also submitted that, considering the nature of offences alleged, no purpose would be served by continuing the proceedings.

In Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303], the Apex Court has held that in appropriate cases, the High Court can take note of the amicable resolution of disputes between the victim and the wrongdoer to put an end to the criminal proceedings. This view was reiterated in Narinder Singh and Others v. State of Punjab and Another [(2014) 6 SCC 466] and Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653].

I have perused Annexure-A3 to Annexure-A5 affidavits filed by respondents 2 to 4. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavits are genuine, and the defacto complainant and the other deponents stand by the contents thereof. I am satisfied that the matter has been settled and no public interest is involved in this case.There is no impediment for granting the prayer for quashing. The continuance of the proceedings will only be an exercise in futility.

Accordingly, all proceedings against the petitioners in C.C. No.1547/2019 on the files of the Judicial First Class Magistrate’s Court-I, Varkala are quashed.

This Crl.M.C is allowed as above.