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2017 DIGILAW 141 (KER)

Biju Paul, S/o. Poulose v. State Of Kerala, Represented By Its Public Prosecutor, High Court Of Kerala, Ernakulam

2017-01-18

RAJA VIJAYARAGHAVAN V.

body2017
ORDER : 1. This petition is filed under S.482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') with a prayer to invoke the extraordinary inherent powers and to quash the pending criminal proceedings. 2. The petitioner is the accused in Crime No.453 of 2013 of Perumbavoor Police Station registered initially for the offences punishable under Sections 323, 354 of the IPC. Later a report was submitted altering the section to Sections 294(b) and 506(i) of the IPC. The 2nd respondent is the de facto complainant. 3. The prosecution allegation is that on 26.3.2013 at about 4.45 pm, the petitioner with intent to outrage the modesty of the 2nd respondent entered the residential home and after holding on to her hand slapped her on her back. 4. Heard the submissions advanced. 5. The learned counsel appearing for the petitioner submits that the disputes have been settled and the parties have decided to live in peace. The learned counsel appearing for the victim, who is arrayed as the 2nd respondent, submits that it was under a misconception of fact that she had given the statement based on which the aforesaid crime was registered. Referring to Annexure-III affidavit sworn to by the 2nd respondent it is submitted that the disputes have been resolved and that she is not desirous of prosecuting the petitioner any further. 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 482 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. The position with regard to quashing of proceedings on the basis of compromise between the parties is by now well settled. In Gian singh v. State of Punjab (2012) 10 SCC 303 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. It was observed as follows :- "61. In Gian singh v. State of Punjab (2012) 10 SCC 303 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. It was observed as follows :- "61. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above questions is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings." 8. The aforesaid dictum stands reiterated by the Apex Court in Narinder singh v. State of Punjab, (2014) 6 SCC 466 , the pertinent observations which are as under:- XXXXXXXXXXX 29.2. When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure: (i) ends of justice, or (ii) to prevent abuse of the process of any court. While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives. xxxxxxx 9. 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 would be bleak. 10. Having considered all the relevant circumstances, I am of the considered view that this Court will be well justified in invoking its extra ordinary powers under Section 482 of the Code to quash the proceedings. In the result, this petition will stand allowed. 10. Having considered all the relevant circumstances, I am of the considered view that this Court will be well justified in invoking its extra ordinary powers under Section 482 of the Code to quash the proceedings. In the result, this petition will stand allowed. Annexure-II charge sheet in Crime No.453 of 2016 of Perumbavoor Police Station now pending on the file of the Judicial Magistrate of 1st Class-I, Perumbavvor and all proceedings pursuant thereto against the petitioner are quashed.