Marshad P And Ors vs State Of Kerala And Ors

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

The petitioners are the accused 1 to 15 in crime No.793/2017 of the Hosdurg Police Station, registered against them for offences punishable under Sections 143, 147, 148, 324 read with Section 149 of the Indian Penal Code and Sections 3 read with Section 4 of the Kerala Health Care Service Persons and Health Care Service Institution (Prevention of Violence and Damage to Property) Act, 2012.

The prosecution allegation against the petitioners is that, on 30.07.2017, they unlawfully assembled and pelted stones at the hospital and caused hurt to the third respondent. The Police after investigation have filed Annexure A2 final report.

Heard the learned counsel appearing for the petitioners, learned Public Prosecutor appearing for the first respondent and the learned counsel appearing for the respondents 2 and 3. 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 petitioners and the respondent 2 and 3 has been settled out of court. The learned counsel appearing for the second respondent submitted that the respondents 2 and 3 have filed Annexures A3 and A4 affidavits, inter alia, stating that they have no subsisting grievance against the petitioners and are no longer desirous of pursuing the matter any further. Learned counsel vouched for the signatures of the respondents 2 and 3.

The learned Public Prosecutor, on instructions, reported that the investigating officer has ascertained the genuineness of the settlement and has found that the first respondents 2and 3 have admitted the execution of Annexures A3 and A4 affidavits. 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, this Crl.M.C. is allowed. Annexure A2 final report and all further proceedings pursuant to it in C.C.No.1020/2018 on the file of the Judicial First Class Magistrate Court-I, Hosdurg in crime No.793/2017 of the Hosdurg Police Station, as against the petitioners are quashed.