Joshy Earnest vs State Of Kerala

C.S.Dias, J

The petition is filed under Section 482 of the Code of Criminal Procedure,1973, to quash Annexure-A1 First Information Report[FIR] in Crime No.607/2022 of the Munambam Police Station, Ernakulam Rural.

The petitioner is the accused in the above crime, which is registered against him for the offences punishable under Sections 279 and 336 of the Indian Penal Code, 1860 and Section 118(e) of the Kerala Police Act, 1960.

The prosecution allegation against the petitioner is that, on 04.06.2022, he drew a vehicle in a rash and negligent manner and committed the above offences.

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.

The learned counsel appearing for the petitioner submitted that with the intervention of the well-wishers and friends, the subject matter in dispute between the petitioner and the second respondent has been amicably 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 voluntarily filed Annexure-A2 affidavit stating that he has no objection in Annexure A1 and all further proceedings being quashed.

The learned Public Prosecutor submitted that the Investigating Officer has ascertained and reported that the dispute between the parties has been settled and that the second respondent has voluntarily executed the affidavit. The State has no serious objection in the petition being allowed.

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 at 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 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-A1 FIR in Crime No.607/2022 of the Munambam Police Station, Ernakulam Rural, as against the petitioner, is quashed.

The Crl.M.C. is ordered accordingly.