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2021 Supreme(Online)(KER) 21135

HIGH COURT OF KERALA
SHIRCY V., J
SAJITH – Appellant
Versus
STATE OF KERALA – Respondent
Crl.MC/176/2021



Advocates:
SRI.K.K.SETHUKUMAR, R.PRADEEP KUMAR

The court may quash criminal proceedings when the complainant withdraws grievances and parties reach an amicable resolution.

Headnote:

Quash - Criminal Proceedings - Section 482, Code of Criminal Procedure - The court quashed proceedings under Section 482, citing lack of grievances from the complainant and an amicable settlement.

Fact of the Case:

The petitioners, accused in a criminal case, sought to quash the final report against them after the defacto complainant stated she had no grievances, supported by an affidavit.

Finding of the Court:

The court found that no useful purpose would be served by continuing the case as the dispute was amicably settled, and there was no public interest involved.

Issues: Whether to quash the criminal proceedings based on the complainant's withdrawal and settlement between parties.

Ratio Decidendi: The court determined that continuing proceedings would serve no purpose due to the lack of grievance and successful resolution among the parties.

Final Decision: The proceedings were quashed as prayed for by the petitioners.

ORDER

Dated this the 2nd day of March 2021 Petition under Section 482 of the Code of Criminal Procedure .

2. The petitioners are the accused in Crime No.2366 of 2018 of Adoor Police Station registered for the offences punishable under Sections 143, 144, 147, 148, 452, 323, 506(i), 354, 427 read with Section 149 of Indian Penal Code, now pending as C.C. No. 190 of 2019 on the file of Judicial First Class Magistrate, Adoor.

3. It is submitted by the learned counsel for the petitioners that at the instance of the defacto complainant, on some misunderstanding, the FIR was registered against them and subsequently the parties have resolved their entire dispute among themselves and as such there is no subsisting dispute between them. Therefore, this petition to quash the final report.

4. Learned counsel appearing for the 2nd respondent/defacto complainant has submitted that she has absolutely no grievance or complaints against the petitioners. Annexure 3 is the affidavit sworn to by her in support of the submission of the petitioners. The affidavit further indicates that she has no intention to pursue the matter further.

5. The learned Public Prosecutor has reported that the prosecution has no serious objection in allowing the petition. It is also submitted that as the dispute has been amicably settled, the possibility of conviction is remote and bleak and therefore, no useful purpose would be served in proceeding with the case.

6. On hearing the submissions of all concerned, and on perusal of the records as well on consideration of the special facts and circumstances involved in this case, I find that no fruitful purpose is likely to be served by proceeding with the matter against this petitioners. Moreover, no public interest is involved in the case and there is no legal impediment in granting the prayer as sought for by the petitioners. Therefore, for the purpose of securing the ends of justice, this Crl.M.C. is only to be allowed.

For the foregoing reasons, Annexure I final report and all further proceedings in C.C. No. 190 of 2019 on the file the Judicial Magistrate of First Class, Adoor arising from Crime No.2366 of 2018 of Adoor Police Station, will stand quashed as prayed for.

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