Shaji vs State Of Kerala

C.S Dias, J

The petition is filed under Section 482 of the Code of Criminal Procedure to quash Annexure A2 final report and all further proceedings in CC No.67/2023 of the Judicial First Class Magistrate Court-VII (Temporary), Neyyattinkara.

The petitioners’ case is that they are the accused No.1 and 2 in Crime No.1169/2022 of the Vizhinjam Police Station, which is registered against them for the offences punishable under Sections 294(b), 447, 354, 354B, 324 and 34 of the Indian Penal Code.

The prosecution allegation against the petitioners is that they had with an intention to assault the second respondent had trespassed into her house and attempted to grab her mother. When the defacto complainant tried to resist them, the first accused intentionally tore her dress and outraged her modesty. He also attacked the fourth respondent and hit her on the left side of her eye. The second petitioner aided the first petitioner in committing the above offences. Thus, the petitioners have committed the above offences.

Heard the learned counsel appearing for the petitioners, the learned Public Prosecutor appearing for the respondents 1 and 5 and the learned counsel appearing for the respondents 2 to 4. Perused the records.

The learned counsel appearing for the petitioners submitted that with the intervention of well-wishers, the subject matter in dispute between the petitioners and the respondents 2 to 4 has been amicably settled out of court.

The learned counsel appearing for the respondents 2 to 4 endorsed the above submission and submitted that the respondents 2 to 4 have filed Annexures A3 to A5 affidavits stating that they have no objection in Annexure A2 final report and further proceedings being quashed.

The learned Public Prosecutor submitted that the Investigating Officer has ascertained and reported that the dispute between the parties has been settled and the respondents 2 to 4 have executed the affidavits without any compulsion or force. The State has no serious objection in the petition being allowed.

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 facts and circumstances of a case and to secure the ends of justice, where the High Court is satisfied that an amicable settlement has been arrived between the parties and the offence is not serious in nature involving mental depravity, criminal proceedings may be quashed.

After considering the facts and circumstances of the case and the materials on record, and on being convinced that ends of justice would justify the exercise of 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, I am satisfied that the petition is to be allowed.

In the result, the Crl.M.C is allowed. Annexure-A2 final report in Crime No.1169/2022 of the Vizhinjam Police Station and all further proceedings in C.C No.67/2023 of the Court of the Judicial First Class Magistrate Court-VII (Temporary), Neyyattinkara, are quashed.

The Crl MC is ordered accordingly.