Sirajudheen vs State Of Kerala

Bechu Kurian Thomas, J

Petitioner has invoked the jurisdiction under Section 482 of Code of Criminal Procedure, 1973 to quash all proceedings against him.

Petitioner is the accused in C.C. No.815 of 2017 on the files of the Judicial First Class Magistrate’s Court-I, Punalur, arising out of Crime No. 713 of 2017 of Yeroor Police Station, Kollam, registered for the offences under Sections 294(b) and 323 of the Indian Penal Code, 1860. Second respondent is the defacto complainant.

According to the prosecution, the accused had on 15-05-2017, abused the defacto complainant 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 petitioner 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 2nd 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 petitioner in C.C. No.815 of 2017 on the files of the Judicial First Class Magistrate’s Court-I, Punalur are quashed.

This Crl.M.C is allowed as above.