BIJU CHERYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS are accused Nos. 1 to 3 in Crime No. 786/2010 of Aranmula Police Station registered for offences under Sections 447, 294(b), 506(ii) and 34 Indian Penal Code. The 2nd respondent is the de facto complainant. The 1st petitioner is a close relative of the de facto complainant. The allegations raised in the crime is that on 13.8.2010 at about 11:10 pm due to the prior enmity between the sister of the 1st petitioner, petitioners came to the house of the de facto complainant and abused de facto complainant and used obscene words and de facto complainant has been made to suffer mental injuries. After registration of the crime and completion of investigation, final report was filed which is now pending as C.C. No. 324/2010 on the file of the Judicial First Class Magistrate Court -I, Pathanamthitta. It is submitted that the petitioners and 2nd respondent have discussed the matter and have arrived at an amicable settlement of the matter and that the 2nd respondent has no further interest to continue the case against the Crl.M.C. No. 5743 of 2014 petitioners. As stated, petitioners and 2nd respondent are in good amiable terms and that the 2nd respondent has sworn to affidavit dated 10.10.2014 stating the aforementioned aspects regarding settlement and that she has no interest to continue the above said case against the petitioners and that the incident occurred due to family dispute and that she has no objection to quash the proceedings against the petitioners in the aforementioned impugned criminal proceedings etc. It is submitted that the parties have amicably settled the disputes between them and that further continuance of the impugned criminal proceedings based on such personal disputes is not warranted. It is in the background of these facts and circumstances that the aforementioned Crl.M.C has been filed seeking to quash the impugned criminal proceedings.

(2.) THE Crl.M.C. has been admitted and Sri. P.V. Dileep has taken notice for the 2nd respondent and the learned Public Prosecutor has taken notice for the 1st respondent State of Kerala.

(3.) THE learned counsel for the petitioners has submitted that during the pendency of the aforementioned criminal proceedings, the matter has been settled amicably between the parties, and that the continuation of the proceedings in the above case/crime will cause miscarriage of justice to both parties as the real disputants to the controversy have arrived at an amicable settlement and any further continuation of the criminal proceedings will amount to sheer wastage of time and money and would unnecessarily strain the judicial, administrative and financial resources of the State.