IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE [ENTITY] THURSDAY, THE 14TH DAY OF FEBRUARY 2013/25TH MAGHA 1934 Crl.MC.No. 816 of 2013 () SC.55/2011 of COURT OF ASSISTANT SESSIONS JUDGE, MUVATTUPUZHA CRIME NO.279/2010 OF KUNNATHUNADU POLICE STATION PETITIONER(S)/DEFACTO COMPLAINANT/ACCUSED: 1. SONY AGED 38 YEARS S/O.VARKEY, KUREEKKAL, VEEPATTUVEETTIL THURUTHIKKARA, KIZHAKKAMBALAM. 2. DEEPAK THOMAS AGED 28 YEARS S/O.T.J.THOMAS, THEKKANATH HOUSE, THURUTHIKKARA KIZHAKKAMBALAM. BY ADVS.SRI.K.S.MADHUSOODANAN SRI.THOMAS CHAZHUKKARAN SRI.M.M.VINOD KUMAR SRI.P.K.RAKESH KUMAR SRI.K.S.MIZVER RESPONDENTS/FORMAL PARTY/COMPLAINANT: 1. STATE OF KERALA TO BE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. STATION HOUSE OFFICER KUNNATHUNADU POLICE STATION, KUNNATHUNADU, ALUVA. BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14-02-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 816 of 2013 APPENDIX PETITIONERS' EXHIBITS: ANNEXURE-I: PHOTOCOPY OF THE CHARGE IN S.C.55/11 PENDING BEFORE ASSISTANT SESSIONS JUDGE, MUVATTUPUZHA. ANNEXURE-II: PHOTOCOPY OF THE AGREEMENT SIGNED BETWEEN THE PARTIES DATED 28.1.2013. ANNEXURE-III: PHOTOCOPY OF THE AFFIDAVIT SWORN BY DEFACTO COMPLAINANT DATED 28.1.2013. TRUE COPY TKS P.S. TO JUDGE [ENTITY], J. [CASE NUMBER]No.816 of 2013 Dated 14th February, 2013 ORDER
This petition is filed seeking quashment of the entire proceedings in [CASE NUMBER] pending before the Court of Assistant Sessions Judge, Muvattupuzha. The first petitioner is the defacto complainant and the second petitioner is the accused in [CASE NUMBER] of Kunnathunadu Police Station which is now pending as [CASE NUMBER]. The allegation against the second petitioner is one of commission of offences under [SECTION], [SECTION], [SECTION] and [SECTION] of the [ACT]. It is submitted that it is the dispute over a pathway that led to the registration of the aforesaid crime and now the lis that led to the registration of the aforesaid crime has been amicably settled and compromised between the petitioners. Annexure-II is an agreement executed between the petitioners and Annexure-III is the affidavit filed by the first petitioner/defacto complainant.
2. Submissions of the learned counsel for the petitioners and the recital in Annexure-III affidavit leave no room for any doubt that the lis that led to the registration of the aforesaid crime which is now pending before the Court of Additional Sessions Judge, Muvattupuzha as [CASE NUMBER] has been amicably settled and compromised. True that, the offences alleged to have been committed by the second petitioner includes non-compoundable offences as well. In the light of the decision of the Hon'ble Supreme Court in B.S.[PRECEDENT] v. State of Haryana (2003 (2) KLT 1062 (SC the provisions under [SECTION] [ACT] cannot limit or affect the inherent powers exercisable by the High Court under [SECTION] [ACT] In the said circumstances, the court has to look into the questions as to whether the case involved is personal in nature so as to permit the settlement to become effective and then, whether the continuation of the proceedings in the light of the compromise has become unnecessary or not. The nature of the allegations against second petitioner as revealed from the final report and perusal of the affidavit undoubtedly suggest that it is only in the interest of justice to permit the settlement to work out and further that in the circumstances obtained in the case the continuation of proceedings against the second petitioner has become unnecessary. Once it is found that continuation of proceedings has become unnecessary permitting continuation of such proceedings would definitely result in abuse of process of court and in such circumstances, to secure ends of justice it would only be appropriate to terminate such unnecessary proceedings in this case. In the said circumstances, I am of the view that the continuation of proceedings in [CASE NUMBER] pending before the Court of Assistant Sessions Judge, Muvattupuzha has to be terminated invoking the inherent power under [SECTION] [ACT] In the light of the decision in [PRECEDENT]'s case (supra) and also the decision of the Apex Court in [PRECEDENT] this petition is only to be allowed.
Resultantly, this [CASE NUMBER] is allowed. Annexure-I final report and all further proceedings pursuant thereto in [CASE NUMBER] pending before the Court of Assistant Sessions Judge, Muvattupuzha are hereby quashed.
[ENTITY] Judge TKS