If the petitioners and respondents state that all disputes are settled and have arrived at an amicable settlement then there is no purpose of continuing the proceedings, it will only cause hardships to the parties and same was upheld by High Court of Kerala through the learned bench led by HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. in the case of IBRAHIM C.H. v. STATE OF KERALA & MAJEED P.V. (CRL.MC NO. 2152 OF 2020) on 12th April, 2022.
Brief facts of the case are that on 29.09.2018, at 21.20 hours, at Kuliyangal in Hosdurg Village, the accused trespassed into the courtyard of the house of the defacto complainant and wrongfully restrained the defacto complainant and his daughter who went to block the accused, attacked with hands and wooden stick and thereby committed the offences as alleged by the prosecution.
It is submitted by respective counsel that the petitioners and respondents 2 and 3 have arrived at an amicable settlement and the affidavits are filed. The affidavits, inter alia, state that all disputes are settled and that the pendency of criminal proceeding would cause hardship to all the parties.
From the submission across the Bar and perusing the criminal MC. and the affidavits referred above, the Court held that there has been an amicable settlement and that there is no vitiating circumstances in the respondent filing the affidavits and no purpose will be served by continuing the proceedings in this circumstances. It is submitted by the learned Public Prosecutor that the statement of the de facto complainant has also be taken to verify the genuineness of the settlement.
In view of the judgment of the Hon’ble Supreme Court in Gian Singh v. State of Punjab and another [2012 (10) SCC 303] and considering the facts and circumstances of the case in exercise of power of the Court under Section 482 of the Code of Criminal Procedure, the Court quashed Annexure A1 FIR and all further proceedings in this case of Hosdurg Police Station, Kasaragod District against petitioners 1 and 2 and allowed the Crl.MC.
Judgment reviewed by – Amit Singh