Shameerkutty vs State Of Kerala

Gopinath P, J

Petitioners are accused Nos.1 to 5 in Crime No.1853/2020 of Kilikolloor Police Station, Kollam District, alleging commission of offences under Sections 294(B), 341, 323, 354 r/w Section 34 of the Indian Penal Code. The matter is now pending as C.C.No.138/2021 before the Judicial First Class Magistrate Court-I, Kollam.

Learned counsel appearing for the petitioners would submit that the entire issues between the petitioners and respondents 2, 3 and 4 have been settled. Learned counsel appearing for the petitioners also refers to Annexures-C, D and E affidavits executed by respondents 2, 3 and 4 respectively to establish that the entire issues between the petitioners and respondents 2, 3 and 4 have been settled and respondents 2, 3 and 4 do not intend to continue with the proceedings against the petitioners.

The learned Public Prosecutor and the learned counsel appearing for respondents 2, 3 and 4 would confirm that the entire issues between the petitioners and respondents 2, 3 and 4 have been settled and respondents 2, 3 and 4 do not wish to continue with the prosecution in any manner.

Having heard the learned counsel for the petitioners, the learned Public Prosecutor and the learned counsel for respondents 2, 3 and 4, I am of the view that the proceedings against the petitioners can be terminated in exercise of the jurisdiction vested in this Court under Section 482 of Cr.P.C. No public interest will be served by continuing with the proceedings against the petitioners. The nature of the offences does not compel me to hold that the proceedings cannot be quashed on the ground of settlement. Further, keeping the principles laid down by the Supreme Court in Gian Singh v. State of Punjab and Another; (2012) 10 SCC 303, and State of Madhya Pradesh v. Laxmi Narayan and Others; (2019) 5 SCC 688, I am of the view that considering the nature of the offences alleged against the petitioners the proceedings can be quashed on the basis of settlement.

Accordingly, this Crl.M.C. is allowed and all further proceedings in C.C.No.138/2021 before the Judicial First Class Magistrate Court-I, Kollam (arising out of Crime No.1853/2020 of Kilikolloor Police Station, Kollam District), will stand quashed as against the petitioners.