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2024 Supreme(Ker) 784
IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS, J.
Hardik B. Shah, S/o. Beeran J. Shah – Petitioner
Versus
State Of Kerala, Represented By Public Prosecutor, High Court Of Kerala And Anr. – Respondents
Crl.MC No. 5150 Of 2024
Decided On : 08-07-2024
For the Petitioner: Sunil N. Shenoi.
Other Present : Smt. Sreeja V(PP), Smt. Amrutha Diwakar.
IMPORTANT POINT
The High Court has the authority to quash criminal proceedings when the parties have amicably resolved their disputes, as long as no public interest is involved.
Headnote:
QUASHING - CRIMINAL PROCEEDINGS - The court quashed the criminal proceedings against the petitioner under Section 482 Cr.P.C, emphasizing the importance of amicable resolution of disputes between the victim and the accused, as established in precedents such as Gian Singh v. State of Punjab. The court found that the matter had been settled and that continuing the proceedings would serve no purpose.
Fact of the Case:
The petitioner, accused in C.C.No.299/2021, faced charges under Sections 294(b) and 323 of the IPC for allegedly abusing and assaulting the de facto complainant on 07.11.2020. The petitioner sought to quash the proceedings, citing a settlement between the parties.
Finding of the Court:
The court acknowledged the settlement between the petitioner and the de facto complainant, supported by a genuine affidavit. It concluded that there was no public interest in continuing the proceedings and that it would be futile to do so.
Issues: Whether the criminal proceedings against the petitioner should be quashed based on the amicable resolution of the dispute between the parties.
Ratio Decidendi: The court relied on the legal principle established in Gian Singh v. State of Punjab, which allows for quashing of proceedings in cases where disputes have been amicably resolved, provided there is no public interest at stake.
Final Decision: The court allowed the Criminal Miscellaneous Case and quashed all proceedings against the petitioner in C.C.No.299/2021.
ORDER :
(Bechu Kurian Thomas, J.)
Petitioner has invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against him.
2. Petitioner is the accused in C.C.No.299/2021 on the files of the Judicial First Class Magistrate Court, Mattancherry, arising out of Crime No.751/2020 of Mattancherry Police Station, Ernakulam registered for the offences punishable under Sections 294(b) and 323, of the Indian Penal Code, 1860. The second respondent is the de facto complainant.
3. According to the prosecution, the accused had on 07.11.2020 abused the de facto complainant and assaulted him and thereby committed the offences alleged.
4. Heard the learned counsel for the petitioner and the learned counsel for the respondent, apart from the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the matter has been settled and hence the proceedings against the petitioner ought to be quashed. It was also submitted that, considering the nature of offences alleged, no purpose would be served by continuing the proceedings.
6. 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].
7. I have perused Annexure-A3 affidavit filed by the second respondent. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavit is genuine, and 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.
8. Accordingly, all proceedings against the petitioner in C.C.No.299/2021 on the files of the Judicial First Class Magistrate Court, Mattancherry, are quashed.
This Crl.M.C is allowed as above.
