Mohammed Ahraf vs State Of Kerala

Gopinath P., J

Petitioners are accused Nos. 1 to 3 in Crime No.522/2021 of Chokli police station, Kannur district, which is now pending as C.C.No.592/2022 on the file of the Judicial First Class Magistrate Court, Thalassery, alleging commission of offences punishable under Sections 323, 324, 506 and 498 A r/w Section 34 of the Indian Penal Code.

Learned counsel appearing for the petitioners would submit that the entire issues between the petitioners and the 2nd respondent (the de facto complainant) have been settled. Learned counsel appearing for the petitioners also refers to Annexure-IV affidavit executed by the 2nd respondent to establish that the entire issues between the petitioners and the 2nd respondent have been settled and the 2nd respondent does not intend to continue with the proceedings against the petitioners.

Learned Senior Public Prosecutor and the learned counsel appearing for the 2nd respondent affirm that the entire disputes between the petitioners and the 2nd respondent have been settled and that the 2nd respondent does not wish to continue with the proceedings against the petitioners.

Having heard the learned counsel appearing for the petitioners, learned Senior Public Prosecutor and the learned counsel appearing for the 2nd respondent, I am of the view that this Crl.M.C. can be allowed on the ground of settlement. There is no public interest involved in continuing the proceedings against the petitioners. Therefore, in exercise of the jurisdiction vested in this Court under Section 482 of the Code of Criminal Procedure, further proceedings against the petitioners can be quashed on the ground of settlement.

Accordingly, the Crl.M.C is allowed and all further proceedings in C.C.No.592/2022 on the file of the Judicial First Class Magistrate Court, Thalassery (arising out of Crime No.522/2021 of Chokli Police Station, Kannur district) will stand quashed as against the petitioners.