Jayan v. State of Kerala and Sumi

Crl.M.C.3336/2023 **:: 1 ::** ## **N THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE C.S.DIAS** **TUESDAY, THE 16[TH] DAY OF MAY 2023 / 26TH VAISAKHA, 1945** **CRL.MC NO. 3336 OF 2023** **CRIME NO.2142/2021 OF Kothamangalam Police Station, Ernakulam AGAINST SC 1231/2021 OF ASSISTANT SESSIONS COURT,MOOVATTUPUZHA** ## **PETITIONER/ACCUSED:** JAYAN AGED 43 YEARS, EDATHALASSERY HOUSE,PULINCHUVADU BHAGHAM,CHERUVATTOOR KARA, ERAMALLOOR VILLAGE, KOTHAMANGALAM THALUK., PIN - 686691 BY ADV AJEESH M UMMER ## **RESPONDENTS/STATE & DE FACTO COMPLAINANT:** 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 SUMI AGED 35 YEARS, W/O JAYAN, EDATHALASSERY HOUSE, POOVATHOOR BHAGHAM, CHERUVATTOOR KARA, ERAMALLOOR VILLAGE, KOTHAMANGALAM THALUK, ERNAKULAM DISTRICT., PIN – 686691. BY ADV PUBLIC PROSECUTOR SRI.SANGEETHARAJ N.R. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16.05.2023, ALONG WITH Crl.MC.3341/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.3336/2023 **:: 2 ::** ## **O R D E R** The petition is filed under Section 482 of the Code of Criminal Procedure, to quash Annexure-1 FIR and Annexure-2 Final Report in Crime No.2142/2021 of the Kothamangalam Police Station and all further proceedings in S.C. No.1231/2021 of the Assistant Sessions Court, Muvattupuzha. 2. The petitioner’s case is that, he is the accused in the above crime, which is registered against him for the offences punishable under Sections 308 and 498A of the Indian Penal Code. 3. The petitioner is the husband of the defacto complainant - the second respondent. Crl.M.C.3336/2023 **:: 3 ::** The prosecution allegation is that, on 21.8.2021, the petitioner hit the second respondent with a torch on her forehead. Thereby, he has committed the above offences. 4. Heard; the learned counsel appearing for the petitioner, the learned Public Prosecutor appearing for the first respondent and the learned counsel appearing for the second respondent. Perused the materials on record. 5. The learned counsel appearing for the petitioner submitted that with the intervention of well-wishers and friends, the subject matter in dispute between the petitioner and the second respondent has been settled out of court. The above submission is endorsed by the learned counsel appearing for the second respondent, who submitted that the second respondent has filed Crl.M.C.3336/2023 **:: 4 ::** Annexure-3 affidavit, inter alia, stating that the dispute between the parties has been settled and the second respondent is no longer desirous of prosecuting Annexure-2 Final Report as against the petitioner. 6. The learned Public Prosecutor submitted that the Investigating Officer has ascertained and reported that the dispute between the petitioner and the second respondent has been settled and the second respondent has voluntarily executed Annexure-3 affidavit. 7. The Police after investigation have been incorporated the offence under Section 308 of the Indian Penal Code as against the petitioner. It is alleged that the petitioner hit the second respondent with a torch on her forehead and has caused injuries to her. On an appreciation of the Crl.M.C.3336/2023 **:: 5 ::** materials on record, I am of the considered view that the ingredients of Section 308 of the Indian Penal Code are not attracted to the facts and circumstances of the case. There is no public interest involved and the injured has stated that she has no objection in Annexure – 2 being quashed. 8. The Hon’ble Supreme Court in **Gian Singh v. State of Punjab [(2012) 10 SCC 303]** and **Prabatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others v. 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 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, Crl.M.C.3336/2023 **:: 6 ::** criminal proceedings may be quashed. 9. On a consideration of the facts and circumstances of the case and the materials on record, and on being convinced that ends of justice would justify the exercise of 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, I am satisfied that the petition is to be allowed. In the result, the Crl.M.C is allowed. Annexure-2 Final Report in Crime No.2142/2021 of the Kothamangalam Police Station and all further proceedings in S.C No.1231/2021 of the Assistant Sessions Court, Muvattupuzha, as against the Crl.M.C.3336/2023 **:: 7 ::** ## petitioner, are quashed. The Crl.M.C is ordered accordingly. **Sd/-C.S.DIAS,JUDGE** ma/16.5.2023 Crl.M.C.3336/2023 **:: 8 ::** ## **APPENDIX OF CRL.MC 3336/2023** PETITIONER ANNEXURES Annexure1 A TRUE COPY OF THE F.I.R AND FIS IN CRIME NO. 2142/2021 OF KOTHAMANGALAM POLICE STATION DATED 23.08.2021. Annexure2 A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 2142/2021 OF KOTHAMANGALAM POLICE STATION, DATED 01.10.2021,WHICH IS NOW PENDING AGAINST THE PETITIONER/ACCUSED BEFORE ASSISTANT SESSIONS COURT, MUVATTUPUZHA AS S.C 1231/2021, Annexure3 AN AFFIDAVIT SWORN BY THE 2ND RESPONDENT HEREIN EVIDENCING THE AFORESAID FACT DATED 12.04.2023. Crl.M.C.3336/2023 **:: 9 ::**