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2021 Supreme(Online)(KER) 28196
HIGH COURT OF KERALA
GOPINATH P, J
SREEJITH – Appellant
Versus
STATE OF KERALA – Respondent
Crl.MC/2252/2021
SRI.LATHEESH SEBASTIAN, R.ARUN
The court has the discretion to quash proceedings under Section 482 of Cr.P.C. when a settlement is reached and no public interest is involved.
Headnote:
Quash - Criminal Proceedings - Indian Penal Code Sections 294(b), 323, 341, 427 r/w 34; Code of Criminal Procedure Section 482 - The court quashed proceedings based on a settlement between the parties, aligning with principles of justice when no public interest is invoked.
Fact of the Case:
The petitioners, accused in a 'road-rage' incident, sought to quash criminal proceedings citing a settlement with the complainant who expressed no interest in prosecution.
Finding of the Court:
The court found that the parties reached a settlement, indicating no public interest in continuing the prosecution, validating the use of Section 482 of Cr.P.C. for quashing.
Issues: Whether the court can quash criminal proceedings based on a settlement between the accused and the complainant where no public interest is involved.
Ratio Decidendi: The court can exercise its jurisdiction under Section 482 of Cr.P.C. to quash proceedings when parties have settled their disputes and no public interest requires the prosecution to continue.
Final Decision: The Crl.M.C. is allowed, and the proceedings against the petitioners are quashed.
ORDER
Dated this the 7th day of May 2021 The petitioners are the accused in C.C.No.130/2016 on the file of the Judicial First Class Magistrate Court-II, Attingal arising out of Crime No.1277/2015 alleging commission of offences punishable under Sections
294(b), 323, 341, 427 r/w.34 of the Indian Penal Code .
2. The pleadings and the materials placed on record show that the incident which led to the registration of the crime arose on account of a dispute between the petitioners and the 3rd respondent/de facto complainant, which is the result of what is commonly known as a 'road-rage'.
3. This petition is filed seeking to quash the proceedigns in C.C.No.130/2016 on the file of the Judicial Frist Class Magistrate Court-II, Attingal on the ground of settlement arrived between the petitioners and the de facto complainant/3rd respondent. A reference is made to Annexure-A2 affidavit executed by the 3rd respondent, which shows that the 3rd respondent is not interested in continuing with the prosecution of the petitioners and that he has no subsisting grievance in the matter.
3. I have heard the learned counsel for the respective parties and the learned Public Prosecutor for the State of Kerala.
4. A reference to the pleadings in this case and the materials placed on record show that the issues have been settled between the parties. No useful purpose will be served by allowing the criminal proceedings to continue. No public interest is involved in the matter. Therefore, keeping in mind the principles laid down by the Hon'ble Supreme Court inGian Singh vs. State of Punjab and another [2012(4) KLT 108] and Parbatbhai Aahir and others vs. State of Gujarat and another [(2017) 9 SCC 641] , this is a case where the jurisdiction of this Court under Section 482 of Cr.P.C can be invoked in order to secure the ends of justice.
In the result, this Crl.M.C. is allowed. C.C.No.130/2016 on the file of the Judicial First Class Magistrate Court-II, Attingal arising out Crime No.1277/2015 of Kazhakuttom Police Station, Thiruvananthapuram will stand quashed against the petitioners.
