IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 10TH DAY OF JUNE 2019 / 20TH JYAISHTA, 1941 Crl.MC.No. 3[SECTION]12 of 2019 CRIME NO. 183/2009 OF NADAPURAM POLICE STATION, KOZHIKODE S.T. NO.68 OF 2019 ON THE FILES OF THE JUVENILE JUSTICE BOARD, KOZHIKODE PETITIONER/ACCUSED: SUBAIR, AGED 26 YEARS, S/O. ABDULLA, RESIDING AT PAROLIYIL THAZHAKUNIYIL HOUSE, EDACHERI AMSOM, IRINGANNUR P.O, VADAKARA TALUK, KOZHIKODE DISTRICT, PIN 673 [SECTION]0[SECTION]. BY ADVS. SRI.J.R.PREM NAVAZ MITHUN PAVANAN SHRI.SUMEEN S. SMT.PARVATHY S.KRISHNAN RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN 682 031. 2 C.K.DAMU, AGED 4[SECTION] YEARS, S/O. KUNHIRAMAN, RESIDING AT CHENOLI THAZHA KUNIYIL, IRINGANNUR P.O, IRINGANNUR AMSOM DESOM, VATAKARA TALUK, KOZHIKODE DISTRICT, PIN 673 [SECTION]0[SECTION]. BY ADV. SRI.AJOY VENU SRI. AJITH MURALI-PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3[SECTION]12 of 2019 2 ORDER
This petition is filed under [SECTION] of the [ACT]
2. The petitioner herein has approached this Court seeking to quash the proceedings pending against him as [CASE NUMBER] on the file of the Juvenile Justice Board, Kozhikode, wherein he face accusations of having committed offences punishable under [SECTION] of the [ACT] and [SECTION] and [SECTION] of the [ACT].
3. Brief facts of the case necessary to be noticed for considering the prayer sought for is that on 17.09.2009 at about 4.1[SECTION] am, the accused, who is a juvenile-in-conflict-with-law, hurled a cracker onto the house of the 2 nd respondent causing mischief to the tune of Rs.3,000/-.
4. Heard Sri.[ENTITY], the learned counsel appearing for the petitioner, Sri.[ENTITY], the learned counsel appearing for the party respondent and the learned Public Prosecutor.
[SECTION]. It is submitted by the learned counsel appearing for the parties that the parties have managed to resolve their disputes and have agreed to live peaceably. It is asserted that in the affidavit sworn to by the victim, he has stated that he has no further grievance against the petitioner. They maintain that the termination of the criminal proceedings would resolve a festering private dispute between the parties and enable them to pursue their life as law abiding citizens. According to the learned counsel, no purpose would be served in continuing with the criminal proceedings in view of the changed circumstances.
6. The learned Public Prosecutor, on instructions, submitted that the investigating officer has reported that no other crimes are registered against the petitioner. It is further submitted that the State has no serious objection in quashing the proceedings as no public interest is involved.
7. I have considered the submissions and have perused the records. The records do not reveal that any serious injuries were sustained by the victim. In [PRECEDENT], the Apex Court has held 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].
8. Having considered the submissions advanced and after perusing the records, it appears that the offences are entirely personal in nature and do not affect public peace or tranquility. The injuries allegedly inflicted by the petitioner cannot be said to be grave and serious having ingredients of extreme mental depravity. It is also felt that quashing of proceedings on account of compromise would bring about peace. In a case such as the instant one, even if the prosecution is allowed to continue, it would not serve any purpose as the possibility of conviction is remote and bleak. It can only result in putting the victim and the accused to unwanted oppression and prejudice. Settlement will augur well for the interest of the community and will enable the parties to live in peace and harmony.
In the result, this petition is allowed. Annexure-A1 final report and all further proceedings pursuant thereto against the petitioner now pending as [CASE NUMBER] on the file of the Juvenile Justice Board, Kozhikode are quashed.
[ENTITY], JUDGE IAP APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CRIME NO.183 OF 2009 OF NADAPURAM POLICE STATION KOZHIKODE DISTRICT, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER [SECTION] OF THE [ACT] AND UNDER [SECTION] OF THE [ACT].
ANNEXURE A2 THE NOTARIZED AFFIDAVIT, SOLEMNLY AFFIRMED BY THE 2ND RESPONDENT/DEFACTO COMPLAINT.
RESPONDENTS' EXHIBITS:
NIL /True Copy/ P.A. To Judge