Radhakrishnan vs State Of Kerala

Bechu Kurian Thomas, J

Petitioner has invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them.

Petitioner is the 8th accused in Crime No.1232/2022 of Thampanoor Police Station, Thiruvananthapuram District, registered for the offences under Sections 403, 406, 420, 294(b) 506, 507 and 509 r/w Section 34 of the Indian Penal Code, 1860. The 2nd respondent is the defacto complainant. It is submitted that the matter has been settled, and the criminal proceedings against the petitioners may be quashed.

Heard Sri.R.Gireesh Varma , the learned counsel for the petitioner, Sri.V.K.Nandakumaran, the learned Counsel for the defacto complainant apart from Smt.Seetha.S., the learned Public Prosecutor.

Learned Public Prosecutor upon instructions submitted that petitioner is also involved in another Crime No.1206/2022 of Thampanoor Police Station, Thiruvananthapuram District.

In Gian Singh v. State of Punjab [(2012) 10 SCC 303], the Apex Court has held that in appropriate cases, the High Court can take note of the amicable resolution of disputes between the victim and the wrongdoer to put an end to the criminal proceedings. This view was reiterated in Narinder Singh v. State of Punjab [(2014) 6 SCC 466] and Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653].

I have perused Annexure A2 affidavit filed by the 2nd respondent. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavit is genuine, and the defacto complainant stands by the contents thereof. I am satisfied that the matter has been settled and no public interest is involved in this case. The continuance of the proceedings will only be an exercise in futility. Further, there is no impediment for granting the prayer too.

Accordingly, all proceedings against the petitioners in Crime No.1232/2022 of Thampanoor Police Station, Thiruvananthapuram District are quashed.

This Crl.M.C is allowed.