IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE [ENTITY] V THURSDAY, THE 15TH DAY OF NOVEMBER 2018 / 24TH KARTHIKA, 1940 [CASE NUMBER] AGAINST THE ORDER/JUDGMENT IN [CASE NUMBER] ON THE FILE OF IV ADDL.SESSIONS COURT, THODUPUZHA CRIME NO. 119/2018 OF CUMBUMMETTU POLICE STATION, IDUKKI PETITIONER/ACCUSED/COMPLAINANT: [ENTITY], AGED 73 YEARS, S/O [ENTITY], THEKKUMKOOTTATHIL HOUSE, [ENTITY], [ENTITY], [ENTITY], [ENTITY], IDUKKI DISTRICT - 685051. BY ADV. [ENTITY] V.S. RESPONDENTS/COMPLAINANT/DE FACTO COMPLAINANT: 1 [ENTITY], REPRESENTED BY S.H.O, [ENTITY] POLICE STATION, IDUKKI DISTRICT , THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM , PIN - 682031. 2 [ENTITY], AGED 71 YEARS, W/O. [ENTITY], THEKKUMKOOTTATHIL HOUSE, [ENTITY], [ENTITY], [ENTITY], [ENTITY], IDUKKI DISTRTICT - 685051. BY ADV. [ENTITY] OTHER PRESENT: SRI. [ENTITY]-PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: [CASE NUMBER]6395/18 2 ORDER
This petition is filed under [SECTION] of the [ACT] (hereinafter referred to as 'the Code') with a prayer to invoke the extraordinary inherent powers and to quash the pending criminal proceedings against the petitioner.
2. The petitioner herein is the accused in [CASE NUMBER] registered at the Cumbamettu Police Station under [SECTION], [SECTION] and [SECTION] of the [ACT]. The 2nd respondent is the de facto complainant. After completion of investigation, final report was laid and the same is pending as [CASE NUMBER] on the file of the Additional Sessions Court-IV, Thoudupuzha.
3. The prosecution allegation is that the petitioner entered the residential home of the de facto complainant and assaulted her causing injuries.
4. Heard the learned counsel appearing for the petitioner, the 2nd respondent and the learned Public Prosecutor.
5. It is submitted that the entire disputes have been settled and the parties are at peace. Reliance is placed on Annexure-A3 affidavit filed by the 2nd respondent to substantiate their contention. It is urged that the dispute is purely personal in nature and would not affect public peace or tranquility. Summing up, it is prayed that the criminal proceedings be terminated to promote peace and harmony.
6. The learned Public Prosecutor, on instructions, submitted that the statement of the de facto complainant has been recorded and she has stated in clear terms that she has no subsisting grievance.
7. I have considered the submissions advanced.
8. In [PRECEDENT], the 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. It was observed as follows:
"61. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings."
9. The aforesaid dictum stands reiterated by the Apex Court in [PRECEDENT]. [[PRECEDENT]], the pertinent observations which are as under:
XXXXXXXXXXXX 29.2. When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure:
(i) ends of justice, or
(ii) to prevent abuse of the process of any court. While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives.
xxxxxxx xxxxxxx
10. The offence committed by the petitioner cannot be said to be grave and serious having ingredients of extreme mental depravity. It also does not appear that the offence in this case will have a serious impact on the society. It is felt that quashing of proceedings on account of compromise would bring about peace and secure the ends of justice. Even otherwise, persisting with the prosecution would be nothing, but a waste of time as the prospects of conviction is bleak.
11. Having considered all the relevant circumstances, I am of the considered view that this Court will be well justified in invoking its extraordinary powers under [SECTION] of the Code to quash the proceedings.
In the result, this petition will stand allowed. Annexure-A2 final report and all proceedings pursuant thereto against the petitioner now pending as [CASE NUMBER] on the file of the Additional Sessions Court-IV, Thoudupuzha are quashed.
[ENTITY] V JUDGE krj True Copy P.A.To Judge APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A1 CERTIFIED COPY OF THE FIR IN NO.119/2018 OF
[ENTITY] POLICE STATION, IDUKKI DISTRCT. ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN [CASE NUMBER] OF [ENTITY] POLICE STATION, IDUKKI DISTRICT.
ANNEXURE A3 TRUE COPY OF THE AFFIDAVIT DULY SIGNED BY THE 2ND RESPONDENT.