IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 23RD DAY OF MAY 2016/2ND JYAISHTA, 1938 Crl.MC.No. 2750 of 2016 () SC. NO.23[SECTION]/2015 OF PRINCIPAL ASSISTANT SESSIONS COURT, KOLLAM. CRIME NO. 1[SECTION][SECTION]/201[SECTION] OF KOLLAM EAST POLICE STATION. PETITIONERS/ACCUSED : 1. MANIKANDAN, S/O. SREENIVASANACHARI, AGED [SECTION]5 YEARS, MOORTHI BHAVAN, KALLUVILA PADINJATTATHIL, KUREEPUZHA CHERI, THRIKKADAVOOR VILLAGE, KOLLAM. 2. MOORTHI, S/O. MANIKANDAN, AGED 25 YEARS, MOORTHI BHAVAN, KALLUVILA PADINJATTATHIL, KUREEPUZHA CHERI, THRIKKADAVOOR VILLAGE, KOLLAM. BY ADVS.SRI.A.MUHAMMED RAFFI, SMT.RENY ANTO. RESPONDENTS/DE-FACTO COMPLAINANT & STATE : 1. STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN-682 031. 2. AKHIL, S/O. ANIRUDHAN, AGED 26 YEARS, KEECHAPPALLITHODIYIL, PANTHRANDUMURI NAGAR-155, KAYYALAKKAL, ERAVIPURAM P.O., KOLLAM-691 011. 3. HASHIK B.N., S/O. L.M.BASHA, AGED 30 YEARS, WHITE HOUSE, SANTHI NAGAR, MANAKKADU CHERI, VADAKKEVILA VILLAGE, KOLLAM-691 010. R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE. R2 & R3 BY ADV. SRI.K.SIJU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-05-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. Crl.MC.No. 2750 of 2016 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE 1 ACCUSED COPY OF FIR WITH FIS IN CRIME NO.1[SECTION][SECTION]/201[SECTION] OF KOLLAM EAST POLICE STATION. ANNEXURE 2 ACCUSED COPY OF FINAL REPORT SUBMITTED IN CRIME NO.1[SECTION][SECTION]/201[SECTION]. ANNEXURE 3 COPY OF AFFIDAVIT SWORN BY THE 2ND RESPONDENT REGARDING SETTLEMENT DTD. 30.07.2015. ANNEXURE [SECTION] COPY OF AFFIDAVIT SWORN BY THE 3RD RESPONDENT REGARDING SETTLEMENT DTD. 30.07.2015. RESPONDENT'S ANNEXURES:- NIL. TRUE COPY P.S.TO JUDGE rs. [ENTITY], J - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 2750 of 2016 - - - - - - - - - - - - - - - - Dated 23rd May, 2016 - - - - - - - - - - - - - - - - - - - - - - - - ORDER
This application is filed under [SECTION] of the [ACT] (hereinafter referred to as the "Code") seeking invocation of powers of this Court to quash pending Criminal Proceedings.
2. Crime No.1[SECTION][SECTION] of 201[SECTION] of Kollam East Police Station was registered at the instance of second respondent herein against the petitioners herein under [SECTION], [SECTION] and [SECTION] with [SECTION] of the [ACT].
3. After completion of the investigation, the police submitted final police report before the jurisdictional Magistrate and case, after its committal, is now pending trial before the Principal Assistant Sessions Court, Kollam as S.C.No.23[SECTION] of 2015. During the pendency of the case, parties have decided to resolve their disputes and to live in harmony. Having compromised the matter, the petitioners have preferred the present petition, to quash the impugned Final Report and all other subsequent proceedings arising therefrom, invoking the provisions of [SECTION] of the Code
[SECTION]. The second respondent/defacto complainant has entered appearance through counsel and it is submitted that the disputes have been amicably settled with the avowed objective to maintain peace and harmony between the parties. The third respondent is the injured and both second and third respondents have sworn to separate affidavits before Court wherein it has been emphatically stated that their grievance do not exist anymore and also that they do not intend to pursue the prosecution proceedings against the petitioners herein.
5. The learned Public Prosecutor was directed to obtain instructions from the Investigating officer and it is submitted that the State has no objection in acting on [SECTION] and [SECTION] as it would promote peace and harmony. It is also submitted that the petitioners are not persons with any criminal antecedents.
6. It is thus borne out from the submissions made at the bar that the parties have amicably settled their disputes with their free will and without any kind of pressure, influence or coercion. The compromise, it is felt, is voluntarily and genuine and can be acted upon. The law with regard to the settlement of criminal disputes on the strength of an amicable resolution of the disputes between the parties is no more res integra.
7. In Gian Singh v. State of Punjab (2012) 10 SCC
303), Apex Court has laid down that in appropriate cases, the High Court can take note of the amicable resolution of disputes between the victim and the wrongdoer to put an end to the criminal proceedings. This view was reiterated in [PRECEDENT]. (201[SECTION]) 6 SCC [SECTION]66) and Yogendra Yadav and Others V State of Jharkhand and Another 201[SECTION] (9) SCC 653 .
8. It was held that the inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. It was held that certain categories of cases involving heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute as those offences are not private in nature and have serious impact on society. But those cases where the wrong is basically private or personnel in nature and those in which the parties have resolved their entire dispute could fittingly be quashed by this Court taking into account the compromise between the offender and victim. In such cases the possibility of conviction is remote and bleak and continuation of criminal case would put accused and the de facto complainant to great oppression and prejudice
9. After having anxiously considered the submissions it is felt that it would be unfair and contrary to the interest of justice to continue with the criminal proceeding. It would only tantamount to abuse of process of law to subject the parties to the ordeal of a protracted criminal proceeding despite the settlement and compromise between the victim and wrongdoer. Settlement will augur well for the interest of the community and will enable the parties to live in peace and harmony.
Consequently, Annexure 2 final report and all further proceedings in S.C.No.23[SECTION] of 2015 on the files of the Principal Assistant Sessions Court , Kollam shall stand quashed.
[ENTITY], JUDGE kp/-23.5.16