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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. V. JAYAKUMAR, J
Charles Michael Augustine – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor – Respondent
ORDER :
K. V. Jayakumar, J.
This petition is filed invoking the powers of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short, ‘ BNSS ’).
2. The petitioner herein is the accused in Crime No. 485 of 2024 of the Elamakkara Police Station registered for the offences punishable under Section 303(2) of the Bharatiya Nyaya Sanhita ( BNS ), 2023.
3. The prosecution allegation, as borne out from the records, is that on 11.10.2024, accused Nos. 1 and 2 committed theft of a Royal Enfield motor-cycle bearing Reg. No. KL-41/Q-0655 worth Rs.2,40,000/- of the defacto complainant which was parked on the road side near Grand Mall, Edapally.
4. The learned counsel for the petitioner submits that the entire disputes are settled between the petitioner and respondent No.2, and do not wish to pursue the prosecution proceedings. He relies on the affidavit filed by the second respondent in support of his contention. The learned counsel argues that if the proceedings are terminated, with the recording of the amicable settlement, the parties can move forward in an atmosphere of peace and mutual respect.
5. The learned Public Prosecutor, on instructions, has expressed reservations ab
The court can quash criminal proceedings for non-compoundable offences of a private nature based on amicable settlement, provided it does not adversely impact society.
The court can quash criminal proceedings for non-compoundable offenses of a private nature when the parties have settled their disputes, provided it does not adversely impact society.
The court established that inherent powers under Section 482 may be utilized to quash non-compoundable offenses that are non-serious and have been amicably resolved.
The court can quash FIRs for non-compoundable offences if the parties have mutually settled their disputes, emphasizing the need for justice and preventing abuse of process.
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