Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 27TH DAY OF APRIL 2021 / 7TH VAISAKHA, 1943 Crl.MC.No.727 OF 2021(A) AGAINST THE ORDER/JUDGMENT IN CC 1120/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS, ATTINGAL (TEMPORARY) CRIME NO.388/2015 OF Kilimanoor Police Station , Thiruvananthapuram PETITIONER: DINESH KUMAR, AGED 39 YEARS, S/O.JANARDHANAN, DILEEP BHAVAN, VARTHOOR, NEAR PUTHIYAKAVU SREENARAYANA AUDITORIUM, KILIMANOOR VILLAGE, BY ADVS. SRI.K.SIJU SMT.S.SEETHA RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF EKRALA AT ERNAKULAM-31. 2 STATION HOUSE OFFICER, KILIMANOOR POLICE STATION, 3 RAJAPPAN, AGED 70 YEARS, S/O.SANKARAN, REENA NILAYAM, NR.KESAVAPURAM HOSPITAL, MUTTACHAL DESOM, VELLALLOOR VILLAGE, CHIRAYINKEEZHU TALUK, R3 BY ADV. A.MUHAMMED RAFFI SRI.SANTHOSH PETER, PP REHNA N.S PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ..2..
C.S.DIAS, J.
===================== Crl.M.C No. 727 of 2021 ========================== Dated this the 27th day of April, 2021
ORDER
This petition is filed under Section 482 of the Code of Criminal Procedure.
2. The petitioner is the first accused in Crime
No.388 of 2015 of the Kilimanoor Police Station registered against him for offences punishable under Sections 341, 294(b), 323, 324 r/w sec.34 of the Indian Penal Code, 1860, now pending as C.C No.1120 of 2015 on the file of the Judicial First Class Magistrate III, Attingal.
3. The prosecution allegation against the
petitioner is that, on 12.02.2015, the petitioner with his friend restrained the defacto complainant - the 3 rd respondent and demolished the wall separating their ..3.. shops. The police, after investigation, filed Annexure A2 final report, which was on taken on file by the Judicial First Class Magistrate Court III, Attingal and numbered as C.C No.1120 of 2015.
4. Heard the learned counsel appearing for the petitioner, the learned Public Prosecutor appearing for the respondents 1 and 2 and the learned counsel appearing for the 3rd respondent. Perused the records.
5. The learned counsel for the petitioner 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 3 rd respondent submitted that the third respondent has filed Annexure 3 affidavit, inter-alia, stating that he has no subsisting grievance against the petitioner and is no longer desirous of pursuing the matter any further. The learned counsel vouched for the signature of the third ..4.. respondent.
6. The learned Public Prosecutor, on instructions,
reported that the investigating officer has ascertained the genuineness of the settlement and that the third respondent has admitted the execution of Annexure 3 affidavit. The State has no serious objection in the petition being allowed.
7. 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.
8. After considering the facts and circumstances ..5..
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, this Criminal M.C is allowed. Annexure 2 -final report in Crime No.388 of 2015 of the Kilimanoor Police Station and all further proceedings in C.C No.1120 of 2015 of the Judicial First Class Magistrate Court III, Attingal, as against the petitioner, are quashed.
Sd/- C.S.DIAS JUDGE PR ..6.. APPENDIX PETITIONER'S EXHIBITS: ANNEXURE 1 THE COPY OF FIR IN CRIME 388/2015 OF KILIMANOOR POLICE STATION DATED 08.04.2015. ANNEXURE 2 THE COPY OF FINAL REPORT IN CRIME NO.388/2015 OF KILIMANOOR POLICE STATION. ANNEXURE 3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT REGARDING THE COMPROMISE DATED 03.02.2021.