Mohanan vs State Of Kerala

Gopinath P., J

The petitioner faces prosecution under Sections 294(b), 323, 324, 427 and 506 of the Indian Penal Code. A crime was registered against the petitioner as Crime No.62 of 2023 of Mannanthala Police Station, Thiruvananthapuram, alleging commission of offences under the aforesaid provisions of law. The matter is now pending as C.C.No.113 of 2023 on the file of the Judicial First Class Magistrate Court-V (Special Court for Mark list cases), Thiruvananthapuram.

The allegation is that the petitioner being the land lord of the third respondent/defacto complainant with an intention to cause her physical hurt and to commit assault on her for keeping a pet dog, trespassed into the compound and threatened the defacto complainant and that by seeing the defacto complainant recording the incident on her mobile phone, the petitioner hit on her hand by using a weapon he carried with him and caused hurt on her by hitting on her head with his hands on 25.01.2023 at 11.30 a.m. and thereby, the petitioner committed the offences alleged against him.

The learned counsel appearing for the petitioner would submit that the entire disputes between the petitioner and the defacto complainant (third respondent) have been settled, as is evident from Annexure-A3 fresh affidavit dated 20.10.2023 executed by the third respondent/defacto complainant. It is submitted that no useful purpose would be served in continuing with the prosecution against the petitioner in the light of the settlement of all issues between the petitioner and the third respondent/defacto complainant.

The learned Public Prosecutor, on instructions, would submit that the disputes between the petitioner and the third respondent have been settled and the third respondent does not wish to continue with the prosecution against the petitioner.

Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and the learned counsel appearing for the third respondent/defacto complainant and keeping in mind the law laid down by the Supreme Court in Gian Singh v. State of Punjab; (2012) 10 SCC 303 and State of M.P. v. Laxmi Narayan; (2019) 5 SCC 688, I am of the view that the proceedings against the petitioner can be quashed on the ground of settlement. No public purpose would be served by continuing with the proceedings against the petitioner in C.C.No.113  of  2023  on  the  file  of  the   Judicial  First  Class Magistrate  Court-V  (Special  Court  for  Mark  list  cases), Thiruvananthapuram. The chance of a successful prosecution are also minimal in the light of the settlement arrived at between the parties.

In the result, this Crl.M.C. is allowed and all further proceedings against the petitioner in C.C.No.113 of 2023 on the file of the Judicial First Class Magistrate Court-V (Special Court for Mark list cases), Thiruvananthapuram will stand quashed.