IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V THURSDAY, THE 22ND DAY OF NOVEMBER 2018 / 1ST AGRAHAYANA, 1940 [CASE NUMBER] [CASE NUMBER] ON THE FILES OF THE J.M.F.C.-II, KOLLAM CRIME NO. 589/2010 OF KOTTIYAM POLICE STATION , KOLLAM PETITIONER/ACCUSED: SAJU, AGED 38 YEARS, S/O SHERAFFUDEEN RESIDING AT HOUSE NO.123, NATIONAL NAGAR VAYALILTHOPP KARPPOORAM CHERI, VADAKKEVILA VILLAGE, KOLLAM TALUK KOLLAM DISTRICT. BY ADVS. SRI.C.R.JAYAKUMAR SRI.NOBEL RAJU RESPONDENTS/COMPLAINANTS: 1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031 REPRESENTING THE SHO, KOTTIYAM POLICE STATION, KOLLAM DISTRICT-691571. 2 VAHIDA SALIM, AGED 49 YEARS, D/O SHEREEFA BEEVI, RESIDING AT SABITHA MANZIL, PARAKKULAM, VADAKKUMKARA KIZHAKKE CHERI, THAZHUTHALA VILLAGE, KOLLAM DISTRICT, PIN-691589. [CASE NUMBER] 2 3 SABITHA, AGED 29 YEARS, D/O. VAHIDA SALIM, RESIDING AT SABITHA MANZIL, PARAKKULAM, VADAKKUMKARA KIZHAKKE CHERI, THAZHUTHALA VILLAGE, KOLLAM DISTRICT, PIN-691589. R2 & R3 BY ADV. SRI.S.K.PRADEEP R1 BY PUBLIC PROSECUTOR SRI. [ENTITY] THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: [CASE NUMBER] 3 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] on the file of the Judicial Magistrate of First Class-II, Kollam.
3. The petitioner herein is the former husband of the 3 rd respondent. The prosecution allegation is that the petitioner called the respondents 2 and 3 over phone and uttered words with intent to outraged their modesty.
4. I have heard the learned counsel appearing for the petitioner, the party respondents and also the learned Public Prosecutor. It is submitted that the entire disputes between the parties have been amicably resolved. Attention of this Court is invited to the affidavits filed by the respondents 2 and 3 to buttress his submission. 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 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.
6. I have considered the submissions advanced.
7. 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.
8. 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. 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 in [CASE NUMBER] on the files of Judicial First Class Magistrate Court-II, Kollam are quashed.
[ENTITY], JUDGE IAP TRUE COPY P.A. TO JUDGE APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A1 CERTIFIED COPY OF THE FIR NO.589/2010 OF KOTTIYAM POLICE STATION, KOLLAM. ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN FIR
NO.589/2010 OF KOTTIYAM POLICE STATION, KOLLAM NUMBERED AS [CASE NUMBER] ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOLLAM DISTRICT.
ANNEXURE A3 AFFIDAVIT BY THE 2ND RESPONDENT DATED 10.11.2018.
ANNEXURE A4 AFFIDAVIT BY THE 3RD RESPONDENT DATED 10.11.2018.
RESPONDENTS' EXHIBITS: