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Judgment
The petition is filed under Section 482 of the Code of Criminal Procedure.
The petitioners are the accused 1 to 4 in Crime No.6/2021 of the Perumbavoor Police Station, registered against them for offences punishable
under Sections 341, 322 and 325 read with Sec.34 of the Indian Penal Code. Annexure A1 is the FIR and Annexure A2 is the final report filed by the
Police before the Judicial First Class Magistrate Court-I, Perumbavoor, which has been taken on file and numbered as CC 78/2021.
The prosecution allegation is that on 1.1.2021, the defacto complainant â€" the third respondent was assaulted by the petitioners as he denied to sign
a complaint, which was prepared for removal of a workshop. Thus, the petitioners have committed the above offences.
Heard the learned counsel appearing for the petitioners, the learned Public Prosecutor appearing for the respondents 1 and 2 and the learned
counsel appearing for the third respondent. Perused the records.
The learned counsel for the petitioners submitted that with the intervention of well-wishers, the subject matter in dispute between the petitioners and
the third respondent has been settled out of Court.
The learned counsel appearing for the third respondent submitted that the third respondent has filed Annexure-A3 affidavit, inter alia, stating that he
has no subsisting grievance against the petitioners and is no longer desirous of pursuing the matter any further as against the petitioners. The learned
counsel vouched for the signature of the third respondent in Annexure-A3 affidavit.
The learned Public Prosecutor reported that the Investigating Officer has ascertained the genuineness of the settlement and that the third
respondent has admitted the execution of Annexure-A3 affidavit. 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-A2 final report in Crime No.6/2021 of the Perumbavoor Police Station, and all further proceedings in
CC 78/2021 of the Judicial First Class Magistrate Court-I, Perumbavoor as against the petitioners are quashed.