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2017 DIGILAW 179 (KER)

SHAMSUDEEN @ SHA, S/O. MUHAMMED v. STATE OF KERALA TO BE REPRESENTED BY PUBLIC PROSECUTOR

2017-01-23

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 petitioners herein are the accused Nos.1 to 5 in S.C.No.526 of 2016 pending on the file of the Additional Sessions Court (for the trial of the cases relating to Atrocities and Sexual Violence against Women and Children), Ernakulam. 3. The 3rd respondent was working in a hardware store run by the 1st petitioner. According to the 3rd respondent, the petitioners 1 to 5 in furtherance of their common intention assaulted him physically and mentally from the month of August, 2013 and thus committed the offences. 4. It is submitted by the learned counsel for the petitioners that during the pendency of the proceedings, the disputes were talked over between the parties and they have decided to settle the same amicably. 5. The 3rd respondent has entered appearance through counsel and submits referring to Annexure-III affidavit that the disputes have been settled and the parties have decided to give a quietus to all their pending disputes. It is submitted that they are living in peace and harmony and the continuance of criminal proceedings against the petitioners is a futile exercise as they have no subsisting grievance. 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 petitioners. 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 question(s) 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 xxxxxxx 9. The offence committed by the petitioners 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-I final report and all proceedings pursuant thereto against the petitioners now pending as S.C.No.526 of 2016 pending on the file of the Additional Sessions Court (for the trial of the cases relating to Atrocities and Sexual Violence against Women and Children), Ernakulam are quashed.