Sameer 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 First Information Report[FIR], Annexure-A2 Final report and all further proceedings in C.C.No.386/2019 of the Judicial First Class Magistrate Court, Koyilandy.

The petitioner is the sole accused in Crime No.74/2019 of the Koyilandy Police Station, Kozhikode, which is registered against him, at the instance of the third respondent, for allegedly committing the offences punishable under Sections 448, 323, 324, 294(b) and 506 of the Indian Penal Code,1860.

The crux of the prosecution is that: on 25.01.2019, the accused got infuriated against the third respondent for not paying the full rent. Accordingly, the petitioner assaulted the third respondent using a metal rod. The petitioner also kicked the 4th respondent, the mother of the third respondent and caused injuries to her. He also abused the 5th respondent, the father of the 3rd respondent. Thus, the accused has committed the above offences.

Heard; Sri. M.P. Shameem Ahamed, the learned counsel appearing for the petitioner, Smt.Neema Jacob, the learned Public Prosecutor appearing for the respondents 1 and 2 and Sri.P.P. Hashick the learned counsel appearing for the respondents 3 to 5.

The learned counsel for the petitioner submitted that the subject matter in dispute between the petitioner and the respondents 3 to 5 has been amicably settled and the said respondents have voluntarily executed Annexures-A3 to A5 affidavits, stating that they have no subsisting grievance as against the petitioner and have no objection in all further proceedings in the above crime being quashed.

Hence, the petition may be allowed.

The learned Public Prosecutor, on instructions, submitted that the Investigating Officer has ascertained and reported that the subject matter in dispute between the petitioner and the respondent 3 to 5 has been amicably settled and the respondent 3 to 5 have voluntarily executed Annexures-A3 to A5 affidavits.

The learned counsel for the respondents 3 to 5 have also submitted that the dispute between the parties has been settled and the said respondents have no subsisting grievance as against the petitioner. The said submission is recorded.

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 the facts and circumstances of the case and to secure the ends of justice, where the High Court is satisfied that an amicable settlement has been arrived at 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, the rival submissions made across the Bar, and the materials on record, especially after going through Annexures-A3 to A5 affidavits sworn in by the respondents 3 to 5, which has been found to be genuine and bona fide by the Investigating Officer, I am convinced and satisfied that this is a fit case to exercise 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 in society. Hence, I am inclined to allow the petition.

In the result, the Crl.M.C is allowed by quashing Annexure-A1 First Information Report[FIR], Annexure-A2 Final report and all further proceedings in C.C.No.386/2019 of the Judicial First Class Magistrate Court, Koyilandy, as against the petitioner.

The Crl.M.C is ordered accordingly.