Arun K @Pichootan And Ors vs State Of Kerala And Ors

The petition is filed under Section 482 of the Code of Criminal Procedure.

The petitioners are the accused No.s 1 to 4 in Crime No.42/2016 of the Chokli Police Station, Kannur, registered against them for offences punishable under Sections 143, 147, 148, 341, 323, 324, 506 and 308 read with Section 149 of the Indian Penal Code. Annexure-A1 is the FIR and Annexure-A2 is the final report filed by the Police in the above crime.

The prosecution allegation is that on 10.1.2016, on account of the political animosity and common intention, the accused Nos.1 to 5 unlawfully assembled and attacked the de facto complainant — the 2nd respondent with wooden sticks and made an attempt to commit culpable homicide.

Heard the learned counsel appearing for the petitioners, the learned Public Prosecutor appearing for the 1st respondent and the learned counsel appearing for the 2nd respondent. Perused the records.

The learned counsel appearing for the petitioners submitted that with the intervention of well-wishers, the subject matter in dispute between the petitioners and the 2nd respondent has been settled out of court.

The learned counsel appearing for the 2nd respondent submitted that the 2nd respondent has filed Annexure-A4 affidavit, inter alia, stating that he has no subsisting grievance against the petitioners and is no longer desirous of pursuing the matter any further. The learned counsel vouched for the signature of the 2nd respondent in Annexure-A4 affidavit.

The learned Public Prosecutor, on instructions, submitted that the Investigating Officer has ascertained the genuineness of the settlement and the the 2nd respondent has admitted the execution of Annexure-A4 affidavit. The State has no serious objection in the petition being allowed.

Although the Police have in Annexure-A2 final report incorporated the offence under Section 308 of the Indian Penal Code, on a perusal of Annexure-A3 wound certificate, it is seen that there is only a contused abrasion on the right leg and right arm of the 2nd respondent and the Medical Officer has certified the injury to be simple in nature. I have bestowed my anxious consideration to Annexure-A1 FIR and Annexure — A2 Final report and the materials on record. On an analysis of the above-said materials, I find that the ingredients of Section 308 I.P.C have not been made out. In the said circumstances, I am of the definite opinion that only the offences under Sections 143, 147, 148, 341, 323, 324 and 506 are made out, which all fall within the fold of Section 320 of the Code of Criminal procedure.

Therefore, I am satisfied that Annexure- A2 final report and all further proceedings can be quashed. Moreover, there is no public interest involved and the injured has stated that he has no objection in the proceeding being quashed.

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 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 between the parties and the offence is not serious in nature involving mental depravity, criminal proceedings may be quashed.

After considering the facts and circumstances of the case 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-A1 FIR and Annexure A2 final report in Crime No.42/2016 of Chokli Police Station, Kannur and all further proceedings in S.C No.953/2017 of the Principal Assistant Sessions Judge, Thalassery as against the petitioners are quashed.