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2021 Supreme(Online)(KER) 10828
HIGH COURT OF KERALA
ASHOK MENON, J
JENISH JOSE, – Appellant
Versus
STATE OF KERALA – Respondent
Crl.MC/2063/2021
SINU.G.NATH, SHRI.TONY GEORGE THOMAS, ADARSA P.M, SHRI.APPU T.S, AKSHARA SHYAM
Amicable settlement between parties can lead to quashing of criminal proceedings when there are no serious injuries and no public interest is involved.
Headnote:
Quashing - Criminal Proceedings - Section 482 of Cr.P.C. - Summary of Legal Framework
Fact of the Case:
The petitioners are accused in two separate criminal cases, pending prosecution for offenses related to assault and intimidation. The de facto complainants have amicably settled the matter and do not wish to pursue charges against the accused.
Issues: Whether the criminal proceedings should be quashed on the grounds of amicable settlement between the parties involved.
Ratio Decidendi: The court held that when an offense is committed and it has been amicably settled, especially in the absence of public interest and involving non-serious injury, it can quash proceedings under Section 482 of the Cr.P.C.
Final Decision: The entire proceedings in both criminal cases were quashed and the accused were discharged.
COMMON ORDER
[Crl.MC Nos.118/2021, 2063/2021]
Dated this the 30th day of June 2021 The petitioners in Crl.M.C.No.118/2021 are accused in Crime No.1119/2017 of Thrissur West Police Station, presently pending as C.C.No.70/2018 on the files of the Judicial First Class Magistrate Court-II, Thrissur, for having allegedly committed the offences punishable under Sections 341, 323, 324, 294(b) and 506 read with Section 34 of the I.P.C. The de facto complainant and injured are respondents 3 and 4. They have appeared through Counsel and filed affidavits to the effect that the matter has been amicably settled with the petitioners and that they do not intend to proceed with the prosecution. They also do not have any objection to the accused being discharged.
2. The petitioners in Crl.M.C.No.2063/2021 are accused in Crime No.1117/2017 of the same Police Station, which is pending as C.C.No.2484/2017 on the files of the Judicial First Class Magistrate Court-II, Thrissur, for the same offence.
3. The de facto complainant in Crime No.1119/2017 is the accused in Crime No.1117/2017 and the de facto complainant and injured in that crime are respondents 3 and 4 in Crl.M.C.No.2063/2021 and they are the petitioners in Crl.M.C.No.118/2021.
4. In both cases, the de facto complainant/ injured have appeared through Counsel and filed affidavits to the effect that the matter has been amicably settled. Being a case and counter-case, the parties do not want to proceed with the prosecution. The report of the investigating officer was called and the learned Public Prosecutor has on instructions submitted that the matter has been settled between the parties. There is no public interest involved. The injuries are not very grave or serious. The petitioners also do not have any criminal antecedents.
Under the above circumstances, the Crl.M.Cs. are both allowed and the entire proceedings in Crime Nos.1117/2017 and 1119/2017 of Thrissur West Police Station, presently pending as C.C.Nos.2484/2017 and 70/2018 respectively before the Judicial First Class Magistrate Court-II, Thrissur stands quashed under Section 482 of the Cr.P.C. and the petitioners/accused are discharged and set at liberty.
APPENDIX OF CRL.MC 2063/2021 PETITIONER ANNEXURE ANNEXURE-A1 CERTIFIED COPY OF FINAL REPORT I FIR NO.1117/2017 OF THRISSUR WEST POLICE STATION SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, THRISSUR APPENDIX OF CRL.MC 118/2021 PETITIONER ANNEXURE ANNEXURE A1 CERTIFIED COPY OF FIR NO. 1119/2017 OF THISSUR WEST POLICE STATION DATED 1.9.2017.
ANNEXURE A2 CERTIFIED COPY OF FINAL REPORT IN FIR NO.
1119/2017 OF THRISSUR WEST POLICE STATION SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, THRISSUR.
