STEPHAN ISSAC v. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR
2017-01-31
RAJA VIJAYARAGHAVAN V.
body2017
DigiLaw.ai
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. On the basis of an FIR lodged by the 2nd respondent, Crime No.4 of 2016 of the Vagamon Police Station was registered against the petitioners and investigation was taken up for offences punishable under Sections 294(b) 323, 427, 451 read with 34 of the IPC, and on its completion final report has been laid before the Judicial Magistrate of the First Class-I, Peermade, where the same is pending as C.C.No.78 of 2016. 3. The crux of the prosecution allegation is that on 8.1.2016 at 5.30 pm, the petitioners in furtherance of their common intention wrongfully restrained the 2nd respondent and thereafter assaulted him causing bodily injuries. It is also alleged that the petitioners have committed mischief and damages to the residential house of the 2nd respondent. 4. The proceedings are sought to be quashed on the basis of a settlement arrived at between the parties. The learned counsel appearing for the parties submits that in view of the resolution of the disputes, the proceedings before the criminal court is a futile exercise. Much reliance is placed on the affidavit sworn to by the 2nd respondent, to buttress their submissions. 5. The learned Public Prosecutor after getting instructions expresses his reservations in the matter. However it is submitted that the petitioners are not persons with criminal antecedents. 6. I have considered the submissions. 7. The position with regard to quashing of proceedings on the basis of a compromise arrived at 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 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 in C.C. No.78 of 2016 on the file of the Judicial Magistrate of First Class-I, Peermade are quashed.