Shajahan vs State Of Kerala

R. Narayana Pisharadi, J

This is a petition filed under Section 482 Cr.P.C for quashing the proceedings against the petitioner in the case C.C.No.484/2012 on the file of the

Court of the Judicial First Class Magistrate, Sasthamkotta.

The petitioner is the sole accused in the aforesaid case. The offences allegedly committed by him are punishable under Sections 188, 498A and 323

of the IPC. The second and the third respondents are the victims of the offences punishable under Sections of 498A and 323 IPC allegedly committed

by the petitioner.

It is submitted that the entire matter has been settled between the parties. Therefore, it is prayed that the proceedings against the petitioner in the

case may be quashed.

Heard the learned counsel for the petitioner and the second and the third respondents and also the learned Public Prosecutor.

Learned counsel for the second and the third respondents submitted that they have got no objection to quash the proceedings against the petitioner.

I have perused the affidavits filed by the second and the third respondents. It is stated in the affidavits filed by them that the entire dispute between

them and the petitioner has been settled and that they have got no grievance against the petitioner. The dispute between the parties, as far as the

offences punishable under Sections 498A and 323 IPC are concerned, is purely private in nature. I am satisfied that the settlement arrived at between

the parties in respect of those offences is genuine and it can be accepted.

An offence punishable under Section 188 IPC is also alleged against the petitioner on the ground that, when the order of the court allowing the

second respondent to reside in his house was produced before him, he refused to comply with that order. Learned Magistrate had taken cognizance of

the offence punishable under Section 188 IPC on the basis of the charge-sheet filed by the police. Cognizance of the offence punishable under Section

188 IPC taken by the learned Magistrate on the basis of the police charge-sheet is apparently illegal. As far as the offence punishable under Section

188 IPC is concerned, the court could have taken cognizance only on the basis of a complaint filed by the public servant concerned as provided under

Section 195(1)(a) Cr.P.C. In these circumstances, the case against the petitioner for the offence punishable under Section 188 IPC is also liable to be

quashed.

Consequently, the petition is allowed. The entire proceedings against the petitioner in the case C.C.No.484/2012 on the file of the Court of the

Judicial First Class Magistrate, Sasthamkotta, arising out of Crime No.1176/2011 of the Sasthamkotta Police Station, are hereby quashed.