Sarfaras O.T vs State Of Kerala

Bechu Kurian Thomas, J

Petitioner has invoked the jurisdiction under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023; to quash all proceedings against him.

Petitioner is the sole accused in S.C.No.676/2024 on the files of the Addtional Sessions Court-III, Kasaragod, arising out of Crime No.486/2024 of Chandera Police Station, registered for the offences under Sections 452, 342, 323, 308 and 326 of the Indian Penal Code, 1860. The third respondent is the defacto complainant.

According to the prosecution, the accused had, on 27.06.2024 trespassed into the shop of the de facto complainant restrained him and assaulted him, and thereby committed the offences alleged.

Heard the learned counsel for the petitioner and the learned counsel for the respondent, apart from the learned Public Prosecutor.

The learned counsel for the petitioners submitted that the matter has been settled and hence the proceedings against the petitioner ought to be quashed. It was also submitted that, considering the nature of offences alleged, no purpose would be served by continuing the proceedings.

In Gian Singh v. State of Punjab and Another [(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 and Others v. State of Punjab and Another [(2014) 6 SCC 466] and Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653].

I have perused Annexure A3 affidavit filed by the third 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. There is no impediment for granting the prayer for quashing. The continuance of the proceedings will only be an exercise in futility.

Accordingly, all proceedings against the petitioners in S.C.No.676/2024 on the files of the Addtional Sessions Court-III, Kasaragod, are quashed. Crl.M.C is allowed as above.