Prasad vs State Of Kerala

C.S Dias, J

The petition is filed under Section 482 of the Code of Criminal Procedure to quash Annexure-A2 FIR in Crime No.719/2022 of the Cusba Police Station, Kozhikode and all further proceedings pursuant to it.

The petitioners’ case is that they are the accused in the above Crime, which is registered against them for the offences punishable under Sections 341, 323, 324, 427, 448 read with Sec.34 of the Indian Penal Code.

The prosecution allegation against the petitioners is that on 18.10.2022, the petitioners trespassed into the house of the defacto complainant – the second respondent – and attacked him. Thus, they have committed the above 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 records.

The learned counsel appearing for the petitioners submitted that with the intervention of the well-wishers and friends, the subject matter in dispute between the petitioners and the second respondent has been amicably 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-A3  affidavit stating  that  he  has  no objection in Annexure A2 FIR being quashed.

The learned Public Prosecutor submitted that the Investigating Officer has ascertained the genuineness of the settlement and reported that the second respondent has voluntarily executed the affidavit. The State has no serious objection in Annexure A2 being quashed.

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 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-A2 FIR and all further proceedings in Crime No.719/2022 of the Cusba Police Station, Kozhikode, as against the petitioners, stand quashed.

The Crl MC is ordered accordingly.