IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE [ENTITY] V MONDAY, THE 05TH DAY OF NOVEMBER 2018 / 14TH KARTHIKA, 1940 Crl.MC.No. 6863 of 2018 CC NO.669/2017 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, MAVELIKKARA CRIME NO. 732/2016 OF NOORANADU POLICE STATION, ALAPPUZHA PETITIONER/ACCUSED: VISHNU.T SUDHAKAR, AGED 24 YEARS, S/O SUDHAKARAN, UTHRATTATHIYIL VEETTIL, MANJADITHARA MURI, BHARANIKAVU VILLAGE BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENTS/DE FACTO COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA THROGH S.I OF POLICE, NOORNADU. 2 ISWARIYA, AGED 18 YEARS, D/O MADHUSOODHANAN, INDIVARAM VEETTIL, KOMALLOOR, KARIMULAICKAL CHUNAKKARA -690534. BY ADV. SRI.S.ANIL (PADINJAREKOTA) SRI. T R RENJITH, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 6863 of 2018 2 ORDER
This petition is filed under [SECTION] of the [ACT] ('the Code" for brevity) with a prayer to quash the proceedings pending against the petitioner.
2. The petitioner herein is the accused in [CASE NUMBER] of the Noornadu Police Station. In the said case, he is accused of having committed offences punishable under [SECTION] of the [ACT] and under [SECTION] of the [ACT]. After completion of investigation, final report was laid before the learned Magistrate and the case is now pending as [CASE NUMBER] on the file of the Judicial Magistrate of the First Class-II, Mavelikkara.
3. Prosecution allegation is that on 26.1.2016 at noon, while the de facto complainant was returning back from school, the petitioner herein forced her to enter into his car and took her photographs causing mental agony to the victim.
4. The learned counsel appearing for the party respondent submitted that the 2nd respondent/victim has attained majority and she has filed Annexure-2 affidavit expressing her desire to terminate the proceedings. The learned counsel contended that the offence under [SECTION] of the [ACT] will not be attracted and it was under peculiar facts and circumstances that the crime was registered in the year 2016. 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.
5. The learned counsel appearing for the petitioner submits that in view of the settlement arrived at between the parties, this Court will be justified in quashing the proceedings.
6. The learned Public Prosecutor after getting instructions, has expressed his reservations in the matter of quashing the proceedings on the basis of settlement. It is submitted that the invocation of powers under [SECTION] of the Code in a case of this nature is not warranted. However, it is submitted that no other cases are reported against the petitioner.
7. I have considered the submissions advanced.
8. In [PRECEDENT] and 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. Further in [PRECEDENT] it was observed that it is the duty of the courts to encourage genuine settlements of matrimonial disputes. If the parties ponder over their faults and terminate their disputes amicably by mutual agreement instead of fighting it out in a court of law , the courts should not hesitate to exercise its powers under [SECTION] of the Code. Permitting such proceedings to continue would be nothing but an abuse of process of court. The interest of justice also require that the proceedings be quashed.
9. 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-1 final report and all proceedings pursuant thereto against the petitioner now pending as [CASE NUMBER] on the file of the Judicial Magistrate of First Class-II, Mavelikkara are quashed.
[ENTITY] V JUDGE IAP APPENDIX PETITIONER'S/S ANNEXURES:
ANNEXURE-1 COPY OF THE FINAL REPORT ANNEXURE-2 AFFIDAVIT FIELD BY THE 2ND RESPONDENT RESPONDENTS'/S EXHIBITS: NIL