Noufal vs State Of Kerala

Gopinath P., J

The petitioners are the accused 1 to 5 in Crime No.1722/2017 of Kilimanoor Police Station alleging the commission of offences under Sections 143,

147, 148, 149, 294(b), 451, 323, 324 and 427 of the Indian Penal Code. Following the investigation of the crime, Annexure-1 final report has been filed

before the Temporary Judicial First Class Magistrate Court, Attingal and the matter has been taken on file as C.C.No.1657/2018 alleging the

commission of offence under the aforesaid provisions of the Indian Penal Code. A reference to the incident which led to the registration of the crime

shows that the petitioners trespassed into the shop of the defacto complainant (R2) and assaulted the 2nd and 3rd respondents. With reference to

Annexure-2 affidavit executed by the 2nd respondent and Annexure-3 affidavit executed by the 3rd respondent, it is submitted that the entire disputes

between the petitioners and the 2nd and 3rd respondents have been amicably settled.

I have heard the learned counsel for the petitioners, the learned Public Prosecutor and the learned counsel appearing for respondents 2 and 3.

The Hon'ble Supreme Court in Gian Singh v. State of Punjab [2012 (10) SCC 303] and Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and

others vs. State of Gujarat and another [(2017) 9 SCC 641] has held that considering the facts and circumstances of a case, 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 etc.,

criminal proceedings may be quashed, in order to secure the ends of justice.

Considering the nature of the offence and keeping in mind the principles laid down by the Supreme Court in the decisions referred to above, I am of

the opinion that this is a fit case where the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure can be invoked to

quash the proceedings. Apparently, no public interest is involved. The chances of a successful prosecution are also remote. It will be a wastage of

judicial time to continue with the prosecution against the petitioner.

In the result, this Crl.M.C. is allowed. All further proceedings in C.C.No.1657/2018 on the file of the Temporary Judicial First Class Magistrate Court,

Attingal will stand quashed as against the petitioners.