Anandan vs State Of Kerala

Gopinath P, J

The petitioner is the sole accused in Crime No.343/2021 of Thrissur Town East Police Station. The crime was registered under Sections 41 (1) (d)

and 102 of the Code of Criminal Procedure and was subsequently altered to one under Section 392 of the Indian Penal Code, following an extra

judicial confession made by the petitioner. It is submitted with reference to Annexure-2 affidavit that the alleged victim has no complaint against the

petitioner. The allegation against the petitioner is that he had robbed a gold chain belonging to the victim (2nd respondent in this case).

I have heard the learned counsel for the petitioner, the learned Public Prosecutor for the State of Kerala and the learned counsel appearing for the

2nd respondent.

With reference to the judgment of this Court in Crl.M.C.No.5886/2016, the judgment of the High Court of Uttarakhand in W.P.(Crl)No.314/2018

and to the judgment of this Court in Crl.M.C.No.2057/2014, it is submitted that even an offence under Section 392 of the Indian Penal Code can be

quashed in exercise of the jurisdiction vested in this Court under Section 482 of the Code of Criminal Procedure.

The Hon'ble Supreme Court in G ian Singh v. State of Punjab [2012 (10) SCC 303] and Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai

Karmur and others vs. State of Gujarat and another [(2017) 9 SCC 641]h as held that considering the facts and circumstances of a case, where

the High Court is satisfied that an amicable settlement has been arrived between the parties and the offence is not serious in nature involving mental

depravity etc., criminal proceedings may be quashed, in order to secure the ends of justice.

Considering the nature of the offence and keeping in mind the principles laid down by the Supreme Court in the decisions referred to above, I am of

the opinion that this is a fit case where the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure can be invoked to

quash the proceedings. Apparently, no public interest is involved. The chances of a successful prosecution are also remote. It will be a wastage of

judicial time to continue with the prosecution against the petitioner.

In the result, this Crl.M.C. is allowed. Annexure-I FIR and all further proceedings in Crime No.343/2021 of Thrissur Town Police Station will stand

quashed as against the petitioner.