Anwar, S/o. Ashraf v. State of Kerala, Represented by Public Prosecutor, High Court of Kerala
2025-05-06
SYAM KUMAR V.M.
body2025
DigiLaw.ai
ORDER : The petitioner has approached this Court to quash Annexure A2 Final Report and all further proceedings in Crime No.905/2018 of Town West Police Station, Thrissur on the ground of settlement arrived at between the parties. 2. Petitioners are the accused Nos.1 to 5 and the offences alleged against the petitioners are punishable under Sections 341, 323, 324 and 34 of IPC. The respondent Nos.2 to 5 are the defacto complainant. Annexure A3 to A6 is the affidavit sworn in by them. 3. The learned Public Prosecutor upon instructions, confirms that the settlement had been arrived at between the parties and that the defacto complainant has given a statement regarding the settlement. Further, affidavits A3 to A6 also vouchsafes for the fact that an amicable resolution of the matter has been arrived at. 4. I have heard the learned counsel appearing for the petitioners, the learned Public Prosecutor as well as the learned counsel appearing for the respondents. 5. Adv. K.A. Nidhin appears on behalf of the defacto complainant and confirms that as averred in the Crl.M.C. and as sworn in the affidavits filed by respondent Nos. 2 to 5 the entire disputes between the parties have been settled. The learned Public Prosecutor, on instructions, submitted that a statement of the defacto complainant has also been received wherein it has been reported that the matter has been amicably settled. 6. In view of the dictum laid down by the Hon’ble Supreme Court in Gian Singh v. State of Punjab [ (2012) 10 SCC 303 ] and State of Madhya Pradesh v. Laxmi Narayan [ (2019) 5 SCC 688 ], I am of the opinion that the proceedings against the petitioners can be quashed taking note of the settlement arrived at between the victim and the offender. No purpose would be served by continuing with the proceedings against the petitioners. Crl. M.C. is allowed and Annexure A2 Final Report is quashed. No further proceedings in C.C.No.294/2019 on the file of the Chief Judicial Magistrate, Thrissur, arising of Crime No.905/2018 of Town West Police Station, Thrissur is warranted.