Ajith P v State of Kerala represented by S.I. of Police, Panangad Police Station, Ernakulam; Dr. Devadas; Krishnakumari V.M.; Greeshma Rajan

## `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` TUESDAY, THE 12[TH] DAY OF MARCH 2024 / 22ND PHALGUNA, 1945 ``` ``` CRL.MC NO. 7492 OF 2022 ``` ``` CRIME NO.990/2019 OF PANANGAD POLICE STATION, ERNAKULAM ``` ``` AGAINST THE ORDER IN CC NO.1441 OF 2019 OF JUDICIAL FIRST CLASS MAGISTRATE - VIII, ERNAKULAM ``` ## `PETITIONER:` ``` AJITH P AGED 56 YEARS S/O LATE PRABHAKARAN, KIZHAKKEDVEEDU, ARKKAKADAVU ROAD, VENNALA P.O, EDAPALLY SOUTH,ERNAKULAM, KOCHI, PIN – 682028 ``` ``` BY ADVS.P.T.JOSE K.G.GOPAKUMAR ``` ## `RESPONDENTS:` ``` 1STATE OF KERALA REPRESENTED BY S.I OF POLICE, PANANGAD POLICE STATION, ERNAKULAM THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031 ``` ``` 2DR. DEVADAS AGED 686 YEARS S/O LATE BALAKRISHNANA VAIDYAR, RESIDING AT KRISHNAJYOTHI, PONNALACHIRAYIL ROAD, PANANGAD P.O, ERNAKULAM,-682506. 3KRISHNAKUMARI.V.M, AGED 62 YEARS W/O DR.DEVADAS,RESIDING AT KRISHNAJYOTHI, PONNALACHIRAYIL ROAD, PANANGAD.P.O,ERNAKULAM-682506. 4GREESHMA RAJAN, AGED 36 YEARS D/O RAJAN,GREESHMAM, TC 64/531-1, VILAYIL VEEDU,EDAGRAMOM,THIRUVANANTHAPURAM-695002. ``` _Crl.M.C..No.7492/2022_ _-:2:-_ ``` ADDITIONAL RESPONDENTS R2,R3 & R4 IMPLEADED AS PER ORDER DATED 23.06.2023 IN CRL.MA.1/2023 IN CRL.MC.7492/2022. ``` ``` BY ADVS.JAYASANKAR S.S. NITHIN ANTONY JOSE ``` ## `OTHER PRESENT:` ``` SR PP SMT SEETHA S ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` _Crl.M.C..No.7492/2022_ _-:3:-_ Dated this the 12[th] day of March, 2024 ## **O R D E R** The petition is filed under Section 482 of the Code of Criminal Procedure,1973, to quash Annexure-2 First Information Report[FIR], Annexure-3 Final report and all further proceedings in C.C.No.1441/2019 of the Judicial First Class Magistrate Court-VIII, Ernakulam. 2. The petitioner is the sole accused in Crime No.990/2019 of Panangad Police Station, Ernakulam, registered against him at the instance of the deceased de-facto complainant, for allegedly committing the offences punishable under Sections 341, 294(b) & 506(i) of the Indian Penal Code,1860. 3. The gist of the prosecution is that: on 31.07.2019, at around 21.45 hours, the accused called the de-facto complainant over mobile phone and uttered abusive words and, thereafter, the accused wrongfully restrained the de-facto complainant and _Crl.M.C..No.7492/2022_ _-:4:-_ threatened that he would face dire consequences. Thus, the accused has committed the above offences. During the pendency of the petition, the de-facto complainant died and his near relatives have been impleaded as respondents 2 to 4. 4. Heard; Sri. P.T. Jose, the learned counsel appearing for the petitioner, Smt. Seetha.S., the learned Senior Public Prosecutor appearing for the first respondent and Sri. Jayasankar S.S., the learned counsel appearing for the respondents 2 to 4 5. The learned counsel for the petitioner submitted that the subject matter in dispute between the petitioner and the near relatives of the de-facto complainant has been amicably settled and they have executed affidavits dated 11.09.2023, stating that they have no subsisting grievance against the petitioner and have no objection in all further proceedings in the above crime being quashed. Hence, the petition may _Crl.M.C..No.7492/2022_ _-:5:-_ be allowed. 6. The learned Public Prosecutor, on instructions, submitted that the Investigating Officer has ascertained and reported that the subject matter in dispute between the petitioner and the respondents 2 to 4 has been settled and the respondents 2 to 4 have voluntarily executed affidavits dated 11.09.2023. 7. The learned counsel for the respondents 2 to 4 also submitted that the dispute between the parties has been settled and the said respondents have voluntarily executed the above affidavits. The said submission is recorded. 8. The Hon'ble Supreme Court in **Gian Singh vs. State of Punjab** [2012 (10) SCC 303] and **Prabatbhai** **Aahir @ Parbatbhai Bhimsinhbhai Karmur and others vs. State of Gujarat and another** [(2017) 9 SCC 641] has held that in the facts and circumstances of a case and to secure the ends of justice, where the _Crl.M.C..No.7492/2022_ _-:6:-_ High Court is satisfied that an amicable settlement has been arrived at between the parties and the offence is not serious in nature involving mental depravity, criminal proceedings may be quashed. 9. On a consideration of the facts, the rival submissions made across the Bar, and the materials on record, especially after going through affidavits dated 11.09.2023 executed by the respondents 2 to 4 which have been found to be genuine and bona fide by the Investigating Officer, I am convinced and satisfied that this is a fit case to exercise the inherent power of this Court, particularly since the alleged offences are not serious in nature, no public interest is involved, the chances of conviction is remote, the continuation of the proceeding would only be wastage of judicial time and the settlement would augur harmony in society. Hence, I am inclined to allow the petition. In the result, the Crl.M.C is allowed by quashing _Crl.M.C..No.7492/2022_ _-:7:-_ Annexure-2 First Information Report[FIR] & Annexure-3 Final report and all further proceedings in C.C.No.1441/2019 of the Judicial First Class Magistrate Court-VIII, Ernakulam, as against the petitioner. The Crl.M.C is ordered accordingly. Sd/- **C.S.DIAS,JUDGE** DST/12.03.24 _Crl.M.C..No.7492/2022_ _-:8:-_ ## `APPENDIX` |`PETITIONER ANNEXURES`|| |---|---| |`ANNEXURE1`|`CERTIFIED COPY OF FI STATEMENT DATED`| ||`1/8/2019`| |`ANNEXURE2`|`CERTIFIED COPY OF FIR DATED 1/8/2019`| |`ANNEXURE3`|`CERTIFIED COPY OF FINAL CHARGE SHEET IN CC`| ||`1441/2019 PENDING BEFORE THE JUDICIAL FIRST`| ||`CLASS MAGISTRATE COURT VIII ERNAKULAM`| |`ANNEXURE4`|`TRUE COPY OF DEATH CERTIFICATE ISSUED BY`| ||`CHOTTANIKKARA GRAMA PANCHAYATH DATED`| ||`27/5/2022`| |`RESPONDENT ANNEXURES`|| |`ANNEXURE R2(A)`|`AFFIDAVIT FILED BY 2ND RESPONDENT`| |`ANNEXURE R2(B)`|`AFFIDAVIT FILED BY 3RD RESPONDENT`| |`ANNEXURE R2(C)`|`AFFIDAVIT FILED BY 4TH RESPONDENT`|