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Saneesh And Ors vs State Of Kerala And Ors

High Court Of Kerala · Decided on 23 March 2021 · Citation: (2021) 03 KL CK 0258

HON’BLE JUDGES
Shircy V, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 34, 294(b), 323
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous No. 196 Of 2021
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Judgment

8 paragraphs · 359 words
1.

Petition under Section 482 of the Code of Criminal Procedure.

2.

The petitioners are the accused in C.C. No. 2227 of 2017 on the file of the Judicial First Class Magistrate-III, Thrissur for the offences punishable under Sections 294(b), 323 and 34 of Indian Penal Code arising from Crime No. 808 of 2017 of Ollur Police Station.

3.

Heard both sides and perused the records.

4.

The learned counsel for the petitioners submitted that the case has been instituted by the defacto complainant on some misunderstanding and now the parties have resolved their entire dispute among themselves and as such there is no subsisting dispute between them. Therefore, this petition to quash the final report.

5.

Learned counsel appearing for respondents 2 and 3 has submitted that they have absolutely no grievance or complaints against the petitioners. Annexures A2 and A3 are the affidavits sworn to by them in support of the submission of the petitioners. The affidavits further indicate that they have no intention to pursue the matter further.

6.

The learned Public Prosecutor has reported that the prosecution has no serious objection in allowing the petition. It is also submitted that as the dispute has been amicably settled, the possibility of conviction is remote and bleak and therefore, no useful purpose would be served in proceeding with the case.

7.

On hearing the submissions of all concerned and on perusal of the records as well on consideration of the special facts and circumstances involved in this case, I find that no fruitful purpose is likely to be served by proceeding with the matter against the petitioners. Moreover, no public interest is involved in the case and there is no legal impediment in granting the prayer as sought for by the petitioners. Therefore, for the purpose of securing the ends of justice, this Crl.M.C. is only to be allowed.

For the foregoing reasons, Annexure A1 final report and all further proceedings pursuant thereto in C.C. No. 2227 of 2017 on the file of the Judicial First Class Magistrate-III, Thrissur arising out of Crime No. 808 of 2017 of Ollur Police Station will stand quashed as prayed for.