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HIGH COURT OF KERALA
Ziyad Rahman A. A, J
AJESH K – Appellant
Versus
STATE OF KERALA – Respondent
Crl.MC/2056/2022
Quashing - Criminal Proceedings - IPC Sections List - The court quashed criminal proceedings based on a private settlement between parties, interpreting the applicable sections of IPC in light of Supreme Court precedents emphasizing closure of disputes through mutual consent.
Fact of the Case:
The petitioners, accused in a case registered for various IPC offences, sought to quash proceedings after a private settlement was reached with the complainants, who confirmed in an affidavit their no-objection to quashing the FIR.
Finding of the Court:
The court found that due to the private nature of the dispute and the mutual settlement acknowledged by both parties, continuation of prosecution would serve no meaningful purpose, allowing for quashing under Section 482 Cr.P.C.
Issues: Whether the criminal proceedings should be quashed based on the settlement between the parties and the private nature of the dispute.
Ratio Decidendi: The court applied principles from Gian Singh v. State of Punjab, allowing quashing of FIR and proceedings under Section 482 Cr.P.C. when the dispute is settled and no public interest is undermined.
Final Decision: Proceedings against the petitioners are quashed.
O R D E R
Petitioners are the accused in Crime No.403 of 2022 of Kannur Town Police Station, which was registered for the offences punishable under Sections 143 , 147, 148, 452, 323, 324, 308, 427 and 149 IPC .
2. The prosecution case is that on 14.03.2022, the petitioners formed themselves into an unlawful assembly and assaulted the respondents 3 to 6. Annexure-1 is the FIR and this Crl.M.C. is filed for quashing all further proceedings pursuant thereto.
3. Heard Sri.Pinto Fredaric, learned counsel for the petitioners, Sri.M.P.Prashanth, learned Public Prosecutor for the State and Smt.K.Anila, learned counsel for the respondents 3 to 6.
4. Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexure-2 affidavit sworn by the respondents 3 to 6 is filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the respondents 3 to 6 had specifically acknowledged the aforesaid settlement and also conveyed the no-
objection to quash the proceedings against the petitioners herein. The learned counsel appearing for the respondents 3 to 6 also confirms the same. The learned Public Prosecutor, upon instructions, submitted that the Station House Officer concerned has verified the veracity of the same and found it to be genuine.
5. The allegations would reveal that the dispute is purely private in nature. In such circumstances, by applying the principles laid down by the Honourable Supreme Court inGian Singh v. State of Punjab and Another [ (2012) 10 SCC 303 ], proceedings can be quashed by invoking the powers of this Court under Section 482 Cr.P.C. This is particularly because, on account of the settlement, no fruitful purpose would be served by allowing the prosecution to continue.
In the result, this Crl.M.C. is allowed, and Annexure-1 FIR submitted in Crime No.403 of 2022 of Kannur Town Police Station and all further proceedings pursuant thereto against the petitioners are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
APPENDIX OF CRL.MC 2056/2022 PETITIONER ANNEXURES Annexure1 DIGITAL CERTIFIED CITIZEN COPY OF FIR FROM POLICE NO.403/2022 REGISTRED BY KANNNUR TOWN POLICE STATION DATED
16/03/2022 Annexure2 AFFIDAVIT SWORN BY THE DEFACTO COMPLAINANTS BEFORE NOTARY PUBLIC DATED
20/03/2022
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