NISHAD S/O KANJIMUHAMMED v. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA
2017-01-20
RAJA VIJAYARAGHAVAN V.
body2017
DigiLaw.ai
ORDER : 1. This petition is filed under Section 482 of the Code of Criminal Procedure ("the Code" for brevity) with a prayer to quash the proceedings pending against the petitioner. 2. The petitioner herein is the accused in C.P. No. 100 of 2016 on the file of the Judicial Magistrate of First Class, Malappuram involving offences punishable under Section 323 and 341 of the IPC read with Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2000. 3. The petitioner was working as a conductor of a bus bearing Reg. No. KL-10-V-700. Pursuant to a dispute, which occurred when the 3rd respondent demanded a concession ticket, an altercation ensued. In a fit of passion, the petitioner is alleged to have pushed the 3rd respondent as a result of which he fell down and sustained minor injuries. Based on information furnished by the 3rd respondent, the crime was registered. 4. Learned counsel appearing for the petitioner submits that while the proceedings were pending before the court below, the parents and grandparents of the victim were approached by the petitioner and they were appraised of what had actually transpired. The dispute was mediated and the same has been settled according to the counsel. Placing reliance on the accident register cum wound certificate, it is submitted that the injuries sustained are minor. 5. The respondents 2 and 3 are the father of the victim and the victim respectively. They have entered appearance through counsel. It is submitted by the learned Counsel that the crime was registered under a misconception of fact. It is also submitted that they have no subsisting grievance and asserts that they have no objection in terminating the proceedings. 6. The learned Public Prosecutor was directed to get instructions. It is submitted by the learned Public Prosecution that the statements have been recorded from the victim as well as the parents and grandparents and they have stated in unequivocal terms that they do not desire that the prosecution proceedings against the petitioner should continue. 7. I have considered the submissions. 8. The position with regard to quashing of proceedings on the basis of compromise between the parties is by now well settled.
7. I have considered the submissions. 8. The position with regard to quashing of proceedings on the basis of compromise between the parties is by now well settled. In Gian Singh vs. 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." 9. The aforesaid dictum stands reiterated by the Apex Court in Narinder Singh vs. State of Punjab, (2014) 6 SCC 466 , the pertinent observations which are as under: xxx xxx xxx xxx xxx 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. (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. xxx xxx xxx xxx xxx 10. 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. 11. 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.
Even otherwise, persisting with the prosecution would be nothing but a waste of time as the prospects of conviction would be bleak. 11. 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-A final report and all proceedings pursuant thereto against the petitioner now pending as C.P. No. 100 of 2016 on the file of the Judicial Magistrate of First Class, Malappuram are quashed.