Mirashiq K vs State Of Kerala And Ors

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

The petitioner is accused in Crime No.775/2018 of the Kasaragod Police Station now pending as C.C.No.119/2019 on the file of the Judicial First Class Magistrate Court-I, Kasaragod, registered against the petitioner for offences punishable under Sections 283,294(b), 323, 341 of the Indian Penal Code.

The prosecution allegation is that on 07.11.2018, the petitioner abused the second respondent and assaulted him, thereby committing the above offences. The police have filed Annexure A-1 final report before the above court.

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

The learned counsel for the petitioner submitted that with the intervention of the well wishers, the subject matter in dispute between the petitioner and the second respondent has been settled out of court. The learned counsel for the second respondent submitted that the second respondent has filed Annexure A-2 affidavit, inter alia, stating that he has no subsisting grievance against the petitioner and he is no longer desirous of pursuing the matter any further. Learned counsel vouched for the signature of the second respondent.

The learned Public Prosecutor reported that the investigating officer has ascertained the genuineness of the settlement and has also found that the second respondent has admitted the execution of Annexure A-2 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-1 final report and all further proceedings in C.C.No.119/2019 on the file of the Judicial First Class Magistrate Court-Kasaragod, arising out of crime No.775/2018 of the Kasaragod Police Station, as against the petitioner are quashed.