Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 30TH DAY OF APRIL 2021 / 10TH VAISAKHA, 1943 Crl.MC.No.1959 OF 2021(D) [IN CC NO.216/2021 ON THE FILE OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT I, PUNALUR WHICH AROSE FROM CRIME NO.886/2013 OF YEROOR POLICE STATION, KOLLAM DISTRICT] PETITIONER/1ST ACCUSED: DEEPU, AGED 32 YEARS, S/O. KARTHIKEYAN, NO.15, LEKSHAM VEEDU, PULLANJIYODU, KARUKONE P.O., ALAYAMON VILLEGE, KOLLAM DISTRICT. BY ADV. SRI.R.KRISHNAKUMAR (CHERTHALA) RESPONDENTS/ STATE & COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2 STATION HOUSE OFFICER, (CRIME NO.886/2013), YEROOR POLICE STATION, YEROOR, PUNALUR - 691 312. 3 ANU, AGED 31 YEARS, S/O. SUDARSANAN, CHARUVILA PUTHEN VEEDU, LAKSHAM VEEDU COLONY, PULLATHIYODE, MUNGODE, ALAYAMON VILLEGE, PUNALUR - 691 306. BY ADVS. TINY THOMAS, R3 SRI. SANTHOSH PETER, SR.PP, R1 AND R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: -2-
C.S.DIAS, J.
===================== Crl.M.C No.1959 of 2021 ========================= Dated this the 30th day of April 2021
ORDER
This petition is filed under Section 482 of the Code of Criminal Procedure.
2. The petitioner is the 1st accused in Crime No.886
of 2013 of the Yeroor Police Station, registered against him for offences punishable under Sections 323, 324, 294(b), 506[ii] read with Section 34 of the Indian Penal code, 1860. Annexure A1 is the Final Report filed by the Police after investigation before the Judicial First Class Magistrate Court I, Punalur.
3. The prosecution allegation against the petitioner
is that, the petitioner and two others abused the defacto complainant - 3rd respondent, their neighbor, and threw a stone on his body which caused an injury to his left eye and -3- thereafter they abused him in filthy language. Thus the petitioner and the other accused have committed the above offences.
4. It is averred in the petition that pursuant to
Annexure A1 Final Report filed by the Police, the learned Magistrate by Annexure A3 judgment acquitted the 2 nd accused in view of the oral testimony given by the 2nd respondent, as evidenced by Annexure A3. Therefore, no useful purpose would be served in continuing with the prosecution as against the petitioner. Similarly, the 3 rd respondent has now filed Annexure A4 affidavit before this Court stating that he has no grievance as against the petitioner and has no objection in the proceedings being quashed.
5. 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. -4-
6. The learned counsel appearing for the petitioner
submitted that with the intervention of well-wishers, the subject matter in dispute between the petitioner and the 3rd respondent has been settled out of court. The learned counsel appearing for the 3rd respondent submitted that the 3rd respondent has filed Annexure A4 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 3rd respondent.
7. Learned Public Prosecutor, on instructions,
reported that the investigating officer has ascertained the genuineness of the settlement and that the 3rd respondent has admitted the execution of Annexure A4 affidavit. The State has no serious objection in the petition being allowed.
8. The Hon'ble Supreme Court in Gian Singh vs. State of Punjab [2012 (10) SCC 303] and Prabatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others -5- 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.
9. 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, this Criminal M.C is allowed. Annexure A1 Final Report in Crime No.886 of 2013 of the Yeroor Police Station and all further proceedings pursuant to it in -6- C.C No.216 of 2021 of the Judicial First Class Magistrate Court I, Punalur, as against the petitioner are quashed.
Sd/- C.S.DIAS JUDGE akv -7- APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A1 A TRUE COPY OF THE FINAL REPORT IN CRIME NO.886/2013 OF YEROOR POLICE STATION DATED 19.07.2013. ANNEXURE A2 A TRUE COPY OF THE DEPOSITION OF PW1 IN CC NO.216/2021 ON THE FILE OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT - I, PUNALUR. ANNEXURE A3 A TRUE COPY OF THE JUDGMENT DATED
04.03.2021 IN CC NO.1332/2013 ON THE FILE OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT - I, PUNALUR. ANNEXURE A4 A TRUE COPY OF THE AFFIDAVIT OF THE 3RD RESPONDENT DATED 29.03.2021.