Sakkariya vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the sole accused in C.C.No.1557/2018 on the files of the Judicial First Class Magistrate Court-II, Kannur, registered for the offences under Sections 447 and 427 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 petitioner may be quashed.

Heard the learned counsel for the petitioner and the learned counsel for the defacto complainant apart from the learned Public Prosecutor.

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 the 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 in C.C.No.1557/2018 on the files of the Judicial First Class Magistrate Court-II, Kannur,, are quashed.

This Crl.M.C.is allowed.