ROBIN JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) These petitions are filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C') seeking to quash FIR No. 570/2019 of Kalloorkadu Police Station, Ernakulam, copy of which is produced alongwith the petitions on hand as Annexure A1.

(2.) The FIR was registered alleging commission of offences punishable under Ss. 341, 323, 294(b), 506(1), 34 of Indian Penal Code (for short 'IPC'), Ss. 3(1)(r)(s), and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC/ST (POA) Act). All together three accused are there in the crime. During pendency of the above Crl.Miscellenous Cases, the 2nd petitioner in Crl.M.C No. 7105 of 2019 who is the 3rd accused in the crime is reported dead. Accused No. 1 has also applied vide Crl. M.C. No. 7105/2019 for quashing the crime. During the pendency of the above crime, Accused Nos. 1 and 2 have entered into a settlement amicably with the defacto complainant in the case. Following the settlement of the issues involved, the defacto complainant has filed an affidavit reporting the factum of settlement and has also stated that he is not desirous of pursuing with the prosecution.

(3.) This Court has directed the learned Public Prosecutor to obtain a report regarding the veracity of the settlement arrived at among the parties and record signed statement recorded from the defacto complainant through the jurisdictional SHO. The learned Public Prosecutor has obtained and produced the signed statement of the defacto complainant. Going by the statement of the defacto complainant this Court is convinced that the settlement terms have been arrived at amicably and voluntarily. The defacto complainant has also sworn to in the affidavit that he has no grievance against the petitioners.