PRASOON N. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners herein are accused Nos. 1 and 3 in the impugned Anx-A FIR in Crime No.538/2017 of Nallalam Police Station, Kozhikode District, which has been registered for offences punishable under Secs.498A, 306, 323 and 34 of the I.P.C on the basis of a complaint filed by the 2 nd respondent/defacto complainant and which has led to the institution of Anx-B Final Report in C.C.No.191/2018 on the file of the Judicial First Class Magistrate Court-V, Kozhikode. It is stated that now the entire disputes between the petitioners and the 2nd respondent/defacto complainant have been settled amicably and that the 2 nd respondent has sworn to Anx-C affidavit before this Court, wherein it is stated that she has settled the entire disputes with the petitioners and that she has no objection for quashment of the impugned criminal proceedings pending against the petitioners. It is in the light of these aspects that the petitioners have preferred the instant Crl.M.C. with the prayer to quash the impugned criminal proceedings against him.

(2.) In a catena of decisions, the Apex Court has held that, in appropriate cases involving even non-compoundable offences, the High Court can quash prosecution by exercise of the powers under Sec.482 of the Cr.P.C., if the parties have really settled the whole dispute or if the continuance of the prosecution will not serve any purpose. Here, this Court finds a real case of settlement between the parties and it is also found that continuance of the prosecution in such a situation will not serve any purpose other than wasting the precious time of the court, when the case ultimately comes before the court. On a perusal of the petition and on a close scrutiny of the investigation materials on record and the affidavits of settlement and taking into account the attendant facts and circumstances of this case, this Court is of the considered opinion that the legal principles laid down by the Apex Court in the cases as in Gian Singh v. State of Punjab reported in 2013 (1) SCC (Cri) 160 = (2012) 10 SCC 303 and Narinder Singh and others v. State of Punjab and anr. reported in (2014) 6 SCC 466, more particularly paragraph 29 thereof, could be applied in this case to consider the prayer for quashment.

(3.) Accordingly, it is ordered in the interest of justice that the impugned Anx-A FIR in Crime No.538/2017 of Nallalam Police Station, Kozhikode District, which has led to the institution of Anx-B Final Report in C.C.No.191/2018 on the file of the Judicial First Class Magistrate Court-V, Kozhikode and all further proceedings arising therefrom pending against the accused will stand quashed.