AI Structured Summary
Not yet generated for this judgment
Judgment
The petition is filed under Section 482 of the Code of Criminal Procedure.
The petitioners are the accused in Crime No.66/2021 of the Pallithottam Police Station, Kollam District registered against them for offences
punishable under Sections 294(b), 323, 506 read with Sec.34 of the Indian Penal Code. Annexure A1 is the FIR filed in the above crime.
The prosecution allegation is that on 4.2.2021 the petitioners pelted stones at the residence of the third respondent and abused and assaulted the
respondents 4 and 5 in connection with their previous animosity. Hence they have committed the above offences.
Heard the learned counsel appearing for the petitioners, the learned Public Prosecutor appearing for the respondents appearing for the records. 1
and 2 and the learned counsel respondents 3 to 5. Perused the
The learned counsel for the petitioners submitted that with the intervention of well-wishers, the subject matter in dispute between the petitioners and
the respondents 3 to 5 has been settled out of Court.
The learned counsel appearing for the respondents 3 to 5 submitted that the respondents 3 to 5 have filed Annexures-A2 to A4 affidavits, inter alia,
stating that they have no subsisting grievance against the petitioners and are no longer desirous of pursuing the matter any further as against the
petitioners. The learned counsel vouched for the signature of the respondents 3 to 5 in Annexures-A2 to A4 affidavits.
The learned Public Prosecutor reported that the Investigating Officer has ascertained the genuineness of the settlement and that the respondents 3
to 5 have admitted the execution of Annexures-A2 to A4 affidavits. 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 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-A1 FIR in 66/2021 of the Pallithottam Police Station, Kollam District and all further proceedings
pursuant to it as against the petitioners are quashed.