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2024 Supreme(Online)(KER) 6369

HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
MUHAMMED SABIR SANAD – Appellant
Versus
STATE OF KERALA – Respondent
Crl.MC 1246/2024



In appropriate cases, the High Court can quash criminal proceedings in light of an amicable resolution between the victim and the wrongdoer.

Headnote:

CRIMINAL PROCEDURE CODE - SECTION 482 - QUASHING OF PROCEEDINGS - SETTLEMENT BETWEEN PARTIES

Fact of the Case:

The petitioners were accused of assaulting the defacto complainant due to a political rivalry. The petitioners filed a petition under Section 482 Cr.P.C to quash the proceedings against them, claiming that the matter had been settled.

Finding of the Court:

The court noted that the matter had been settled and that no public interest was involved in the case. The court also considered the nature of the allegations and the age of the petitioners.

Issues: Whether the proceedings against the petitioners should be quashed in light of the settlement between the parties.

Ratio Decidendi: The court relied on the Supreme Court's decisions in Gian Singh v. State of Punjab and Another, Narinder Singh and Others v. State of Punjab and Another, and Yogendra Yadav and Others v. State of Jharkhand and Another, which held that in appropriate cases, the High Court can quash proceedings in light of an amicable resolution between the victim and the wrongdoer.

Final Decision: The court allowed the petition and quashed all proceedings against the petitioners.

ORDER

Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them.

2. Petitioners are accused 1 to 3 in C.C. No.136 of 2022 on the files of the Chief Judicial Magistrate's Court, Kasaragod, arising out of Crime No.232 of 2022 of Kasaragod Police Station, registered for the offences under Sections 341, 323, 324, 326 and 506(i) r/w Section 34 of the Indian Penal Code, 1860. 2nd respondent is the defacto complainant and respondents 3 and 4 are the injured witnesses.

3. According to the prosecution, on 23.02.2022, the accused due to a political rivalry, assaulted the defacto complainant and committed the offences alleged.

4. Heard the learned counsel for the petitioners and the learned counsel for the respondents, apart from the learned Public Prosecutor.

5. The learned counsel for the petitioners submitted that the matter has been settled and hence the proceedings against the petitioners 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 to Annexure-A5 affidavits filed by respondents 2 to 4. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavits are genuine, and the defacto complainant and the other deponents stand 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. Though the learned Public Prosecutor pointed out that the first petitioner is involved in three other cases and the 2nd petitioner is involved in one case, I am of the view that considering the nature of allegations and the age of the petitioners, the settlment arrived at between the parties can be accepted.

9. Accordingly, all proceedings against the petitioners in C.C. No.136 of 2022 on the files of the Chief Judicial Magistrate's Court, Kasaragod are quashed.

This Crl.M.C is allowed as above. Sd/- BECHU KURIAN THOMAS, JUDGE RKM Kasaragod are quashed.

This Crl.M.C is allowed as above. Sd/- BECHU KURIAN THOMAS, JUDGE RKM 2024:KER:14722 APPENDIX OF CRL.MC 1246/2024 PETITIONERS' ANNEXURES : Annexure A1 TRUE COPY OF THE FIR IN CRIME NO. 232/2022 OF THE KASARGODE POLICE STATION Annexure A2 TRUE COPY OF THE FINAL REPORT IN CC NO.136/2022 ON THE FILES OF THE CHIEF JUDICIAL MAGISTRATE COURT, KASARGODE Annexure A3 AFFIDAVIT DATED 12/09/2023 SWORN BY THE 2ND RESPONDENT Annexure A4 AFFIDAVIT DATED 15/09/2023 SWORN BY THE 3RD RESPONDENT Annexure A5 AFFIDAVIT DATED 16/11/2023 SWORN BY THE 4TH RESPONDENT

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