Sabari Gireesh vs State Of Kerala

Gopinath P, J

The petitioners are accused Nos. 1 and 2 in Crime No.424/2012 of Nattukal Police Station, Palakkad which is now pending as C.C.No.1047/2017 before the Judicial First Class Magistrate Court, Mannarkad. The petitioners face prosecution under Sections 498-A read with Section 34 of the Indian Penal Code.

When the matter is taken up for consideration today it is the submission of the learned counsel for the petitioners that all issues between the petitioners and the 2nd respondent (de facto complainant) have been settled. He also produced an affidavit of 2nd respondent as Annexure-II.

Heard the learned Public Prosecutor and learned counsel for 2nd respondent also.

Having regard to the facts and circumstances of the case and considering the fact that all issues between the petitioners and the 2nd respondent have been settled and also considering Annexure-II affidavit of the 2nd respondent, I am of the view that this is fit case where, the jurisdiction of this Court under Section 482 of Cr.P.C. can be invoked and the proceedings against the petitioners can be quashed on the ground of settlement. Keeping in mind the law laid down by the Supreme Court in Gian Singh v. State of Punjab; (2012) 10 SCC 303 and State of M.P. v. Laxmi Narayan; (2019) 5 SCC 688, I am of the view that the proceedings against the petitioners can be quashed on the ground of settlement. No public purpose would be served by continuing with the proceedings against the petitioners. In the result, this Crl.M.C. is allowed and all further proceedings against the petitioners, in C.C.No.1047/2017 before the Judicial First Class Magistrate Court, Mannarkad will stand quashed.