IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY ,THE 09TH DAY OF NOVEMBER 2018 / 18TH KARTHIKA, 1940 [CASE NUMBER] [CASE NUMBER] OF VALAYAM POLICE STATION, KOZHIKODE PETITIONER/DE FACTO COMPLAINANT: REKHA P., AGED 32 YEARS, W/O SUDHEESH,KUNNUMPURATH HOUSE, KAKKAMVELI,NADAPURAM ,KOZHIKKODE DIST BY ADV. SRI.AJEESH S.BRITE RESPONDENTS/ACCUSED AND STATE OF KERALA: 1 THE STATE OF KERALA REP BY THE SUB INSPECTOR OF POLICE VALAYAM POLICE STATION,THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM 2 M.K.FATHIMA AGED 19 YEARS D/O. ABDULLA, MAVULLAKANDI (H), KALLIKANDY, THALASSERY TALUK, KANNUR DISTRICT. 3 SAFIA AGED 37 YEARS W/O. ABDULLA, MAVULLAKANDI (H), KALLIKANDY, THALASSERY TALUK, KANNUR DISTRICT. 4 ASMINA AGED 21 YEARS D/O. ABDULLA, MAVULLAKANDI (H), KALLIKANDY, THALASSERY TALUK, KANNUR DISTRICT. 5 ABDULLA AGED 47 YEARS S/O AMMED HAJI, MAVULLAKANDI (H), KALLIKANDY, THALASSERY TALUK, KANNUR DISTRICT. SRI. C K PRASAD-PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: [CASE NUMBER] 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 respondents.
2. The petitioner herein is the de facto complainant in [CASE NUMBER] of the Valayam Police Station registered under [SECTION], [SECTION], [SECTION], [SECTION]/[SECTION] of the [ACT]. The respondents 2 to 5 are the accused in the aforesaid Crime.
3. Prosecution allegation is that on 17.3.2018, the accused along with another person trespassed into the office room of the college and assaulted the de facto complainant.
4. Heard the learned counsel appearing for the petitioner as well as the respondents 2 to 4.
5. The learned counsel appearing for the petitioner submitted that the petitioner has filed Annexure-II affidavit expressing her desire to terminate the proceedings. 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 counsel appearing for the rspondents 2 to 5 submitted that in view of the settlement arrived at between the parties, this Court will be justified in quashing the proceedings.
7. 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 respondents.
8. I have considered the submissions advanced.
9. 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. 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.
10. 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-I F.IR and all proceedings pursuant thereto against the respondents in [CASE NUMBER] of Valayam Police Station, Kozhikode are quashed.
[ENTITY], JUDGE IAP APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE I A TRUE CITIZEN COPY OF THE FIR IN [CASE NUMBER] OF VALAYAM POLICE STATION, KOZHIKODE DATED 17.3.2018.
ANNEXURE II A TRUE COPY OF THE AFFIDAVIT SWORN BY THE PETITIONER/DE-FACTO COMPLAINANT HEREIN DATED 31.8.2018.
RESPONDENTS' EXHIBITS: