Noufal vs State Of Kerala

C.S Dias, J

The petition is filed under Section 482 of the Code of Criminal Procedure,1973, to quash Annexure-A1 Final Report in Crime No.968/2021 of the Eravipuram Police Station, Kollam and all further proceedings in C.C.No.1716/2021 of the Judicial First Class Magistrate Court-II, Kollam.

The petitioners are the accused Nos.1 to 3 in the above crime which is registered against them for offences punishable under Sections 323 and 498A read with Section 34 of the Indian Penal Code, 1860.

The   second   respondent   –   de   facto complainant – is the divorced wife of the first petitioner. The second petitioner is the mother and the third petitioner is the brother of the first petitioner.

The prosecution allegation against the petitioner is that, the first petitioner misappropriated the gold ornaments of the second respondent and the petitioners mentally and physically harassed the second respondent demanding more dowry. Thus, they have committed the offences.

Heard; the learned counsel appearing for the petitioners, the learned Public Prosecutor appearing for the first respondent and the learned counsel appearing for the second respondent. Perused the materials on record.

The learned counsel appearing for the petitioners submitted that with the intervention of well-wishers and friends, the subject matter in dispute between the petitioners and the second respondent has been settled out of court. The learned counsel appearing for the second respondent endorsed the above submission and submitted that the second respondent has filed Annexure-B affidavit, inter alia, stating that the dispute between the parties has been settled and he has no objection in Annexure-A1 final report being quashed.

The learned Public Prosecutor submitted that the Investigating Officer has ascertained and reported that the dispute between the parties has been settled and the second respondent has voluntarily executed the affidavit.

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.

On a consideration of the facts and circumstances of the case and the materials on record, 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-A1 Final Report in Crime No.968/2021 of the Eravipuram Police Station and all further proceedings in C.C.No.1716/2021 of the Judicial First Class Magistrate Court-II, Kollam, against the petitioners are quashed.

The Crl.M.C is ordered accordingly.