Sukesh Kumar And Ors vs State Of Kerala And Ors

This petition is filed under Sec. 482 of the Cr.P.C. to quash the entire proceedings in C.M.P No.3363/2016 in C.C.121/2019 on the file of the

Judicial First Class Magistrate Court-I, Alathur. The above case is registered against the petitioner alleging offences punishable under Sections 143,

147, 341, 447, 323, 506(1) r/w 149 of the IPC. It is a private complaint filed by the 2nd respondent.

When this matter came up for consideration, the learned counsel for the petitioners submitted that the matter is settled and the victims have no

grievance against the petitioners. A counsel also appeared for the respondents 2 to 4, who are the victims in this case. The counsel also submitted that

the matter is settled. The Public Prosecutor also submitted that this is a private complaint and if the parties settled the matter the prosecution has no

grievance in quashing the proceedings.

Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavits filed by the respondent No. 2 to

4 the contents of which are submitted to be true and voluntary, I am satisfied that the matter has been amicably settled and that no public interest is

involved in this matter. Moreover, in view of the settlement arrived at between the parties, there is no possibility of the criminal proceedings ending in

conviction. As such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the

Honourable Supreme Court in Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] and Gian Singh v. State of Punjab and another [(2012) 10

SCC 303], there is no impediment in granting the relief.

Hence, this Crl.M.C. is allowed. All further proceedings in C.M.P No.3363/2016 in C.C No.121/2019 on the file of the Judicial First Class Magistrate

Court-I, Alathur are quashed.