IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V THURSDAY, THE 14TH DAY OF FEBRUARY 2019 / 25TH MAGHA, 1940 [CASE NUMBER] LP NO.39/2011 IN C.C. NO.565 OF 2010 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT (TEMPORARY), SOUTH PARAVUR [CASE NUMBER] OF [ACT], KOLLAM DISTRICT PETITIONERS/ACCUSED NO.1 & 2: 1 RAJA GOPAL, AGED 59 YEARS, S/O.RAMACHANDRAN PILLAI, THENGAZHIKATHU VEEDU, KALAKKODUE CHERRY, BHOOTHAKULAM VILLAGE, PARAVUR KOLLAM (DIST). (ACCUSED NO.I) 2 ANITHA KUMARI, AGED 50 YEARS, W/O.RAJA GOPAL, THENGAZHIKATHU VEEDU, KALAKKODUE CHERRY, BHOOTHAKULAM VILLAGE, PARAVUR KOLLAM(DIST).(ACCUSED NO.2) BY ADV. SRI.B.DIPU SACH DEEV RESPONDENT/COMPLAINANT: 1 THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING. 2 THE SUB INSPECTOR OF POLICE [ACT], CHATHANOOR SUB DIVISION KOLLAM CITY, KOLLAM. 3 SHOBHANA AMMA, AGED 59 YEARS D/O.RAMACHANDRAN PILLAI, BHARGAVI VILASAM, KALAKKODUE CHERRY, BHOOTHAKULAM VILLAGE, PARAVUR KOLLAM(DIST), PARAVOOR POST, KOLLAM (DIST). BY ADV. SRI.ARUN BABU SMT.K.SHEEBA PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: [CASE NUMBER] 2 ORDER
The petitioners herein are the accused Nos.1 and 2 in [CASE NUMBER] now pending as [CASE NUMBER] before the Judicial First Class Magistrate Court (Temporary), South Paravur. In the said case, they stand indicted for having committed offences punishable under [SECTION] of the [ACT].
2. The prosecution allegation is that for the amount due towards the 3rd respondent, the petitioners fraudulently issued a cheque which was dishonored on presentation.
3. Heard the learned counsel appearing for the petitioners, the party respondent and the learned Public Prosecutor.
4. It is submitted that the parties have reached an out of court settlement and there is no acrimony between them at present. All the disputes have been amicably resolved and they desire to live in peace and harmony. The 3rd respondent has sworn to Annexure-5 affidavit, wherein she asserts that she has no objection in terminating the proceedings.
5. The learned Public Prosecutor, on instructions, submitted that the petitioners are not persons with criminal antecedents.
6. It is thus borne out from the submissions made at the bar that the parties have amicably settled their disputes on their own free will and without any kind of pressure, influence or coercion. The compromise, it is felt, is voluntary and genuine, and can be acted upon.
7. 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] and [PRECEDENT].
8. Having considered the submissions advanced and on perusing the records, it appears that the offences are entirely personal in nature and do not affect public peace or tranquility. 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 de facto complainant 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-A4 protest complaint and all further proceedings pursuant thereto against the petitioners in [CASE NUMBER] now pending as [CASE NUMBER] on the file of the Judicial First Class Magistrate Court (Temporary), South Paravur are quashed.
[ENTITY], JUDGE TRUE COPY P.A.TO JUDGE AVS APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE 1 TRUE AND CERTIFIED COPY OF THE PRIVATE
COMPLAINT IN [CASE NUMBER] OF [ACT] DT.11.10.2008.
ANNEXURE 2 TRUE AND CERTIFIED COPY OF THE FIR IN [CASE NUMBER] OF [ACT] DT.15/10/2008.
ANNEXURE 3 TRUE AND CERTIFIED COPY OF THE REFERRAL REPORT IN [CASE NUMBER] [ACT] [CASE NUMBER] ANNEXURE 4 THE TRUE AND CERTIFIED COPY OF THE PROTEST ANNEXURE 5 AFFIDAVIT SUBMITTED BY THE 3RD RESPONDENT DATED 11/10/2018.
RESPONDENTS' EXHIBITS: