Luis Rocky Jose And Ors vs Anju C.R And Ors

This petition is filed under Section 482 of the Code of Criminal Procedure.

The petitioners are the accused 1 to 3 in C.C. No.488/2020 on the file of the court of the Judicial First Class Magistrate, Kunnamkulam, which has arisen out of Crime No.142/2020 of the Peramangalam Police Station, Thrissur, registered against the petitioners for offences punishable under Sections 498(A) and 420 read with Section 34 of the Indian Penal Code.

The prosecution allegation against the petitioners is that they harrassed the first respondent-defacto complainant. The Police after investigation have filed Annexure A final report.

Heard the learned counsel appearing for the petitioners, learned Public Prosecutor appearing for the second respondent and the learned counsel appearing for the first respondent. Perused the records.

The learned counsel appearing for the petitioners submitted that with the intervention of well wishers, the subject matter in dispute between the petitioner and the first respondent has been settled out of court. The learned counsel appearing for the first respondent submitted that the first respondent has filed Annexure B affidavit, inter alia, stating that she has no subsisting grievance against the petitioners and is no longer desirous of pursuing the matter any further. Learned counsel vouched for the signature of the first respondent.

The learned Public Prosecutor, on instructions, reported that the investigating officer has ascertained the genuineness of the settlement and has found that the first respondent has admitted the execution of Annexure B affidavit. The State has no serious objection in the petition being allowed.

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 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 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 A final report and all further proceedings pursuant to it in C.C.No.488/2020 on the file of the court of the Judicial First Class Magistrate, Kunnamkulam, as against the petitioners are quashed.