Vaishak Raj vs State Of Kerala

Bechu Kurian Thomas, J

Petitioners have invoked the jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023; to quash all proceedings against them.

Petitioners are accused Nos.1 to 6 in C.C.No.1378/2024 on the files of the Judicial First Class Magistrate Court-II, Kollam, arising out of Crime No.361/2024 of Eravipuram Police Station, Kollam District, registered for the offences punishable under Section 143, 147, 148, 294(b), and 427 r/w Section 149 of the Indian Penal Code, 1860 apart from Section 5 of the Kerala Prevention of Damage to Private Property and Payment of Compensation Act, 2019. The third respondent is the de facto complainant.

According to the prosecution, the accused had on 05.03.2024 destroyed the LED bulbs and lights, which was used for decoration of a temple festival and shouted obscene words against the de facto complainant, who sustained a loss of Rs.34,858/-, thereby committing the alleged offenses.

Heard the learned counsel for the petitioners and the learned counsel for the respondent, apart from the learned Public Prosecutor.

The learned counsel for the petitioners submitted that the matter has been settled and hence the proceedings against the petitioners 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-A2 affidavit filed by the third respondent. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavit is genuine, and the de facto 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.

Though the learned Public Prosecutor pointed out that the 3rd accused is involved in three other crimes committed in the year 2022 to 2024 which includes the offences punishable under section 307 and 326 IPC and even POCSO cases, I am of the view that considering the nature of the allegations in the present crime and the settlement entered into between the parties, no purpose would be achieved by continuing the prosecution.

Accordingly, all proceedings against the petitioners in C.C.No.1378/2024 on the files of the Judicial First Class Magistrate Court-II, Kollam, are quashed.

This Crl.M.C is allowed as above.