This is an application filed by the sole accused in C.C.No.2064/2013 on the files of the Judicial First Class Magistrate's Court-I, Kochi to quash the proceedings on the basis of settlement under Section 482 of the Code of Criminal Procedure (hereinafter called as the 'Code') 2. It is alleged in the petition that the petitioner is arrayed as sole accused in Crime No. 169/2013 of the Harbor Police Station) which was registered on the basis of the statement given by the 2nd respondent as de facto complainant alleging offences under Sections 323, and 341 of the Indian Penal Code. After investigation Annexure A final report was filed and it was taken on file and pending as C.C.No.2064/2013 on the files of the Judicial First Class Magistrate's Court-I, Kochi. Now the matter has been settled between the parties. No purpose will be served on account of the settlement. So the petitioner has no other remedy except to approach this Court seeking the following relief:
to quash all further proceedings in C.C.No.2064/2013(Crime No.169/2013 of the Harbor Police Station), on the file of Judicial First Class Magistrate Court No.I, Kochi.
3. Second respondent appeared through counsel and submitted that the matter has been settled between the parties and he does not want to prosecute the petitioner and he had filed Annexure II affidavit stating these facts.
4. The counsel for the petitioner also submitted that in view of the settlement, no purpose will be served in keeping the case on file.
5. The learned Public Prosecutor, on instruction as directed by this Court, submitted that except this case there is no other case against the petitioner but opposed the application.
6. It is an admitted fact that on the basis of the statement given by the second respondent as de facto complainant, the case was registered as Crime No.169/2013 of Harbor Police Station of Kochi City and after investigation, Annexure A final report was filed and it was taken on file and pending as C.C. No.2064/2013 on the files of the Judicial First Class Magistrate Court-I, Kochi. The offences alleged are 323 and 341 of the Indian Penal Code. The matter has been now settled between the parties. Second respondent had filed Annexure II affidavit stating that the matter has been settled and he has no grievance against the petitioner and he does not want to prosecute the case in view of the settlement arrived between the parties. There is no public interest involved and it appears to be a dispute between two individuals which resulted in the case. In view of the settlement, no purpose will be served by proceeding with the case as conviction in such cases will be remote .
7. Further in the decision reported in Gian Singh V. State of Punjab [2012(4) KLT 108 (SC)] the Hon'ble Supreme Court has held as follows:
“The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing in criminal proceeding or F.I.R. or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under S.320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz;(i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc., cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute. Such offences are not private in nature and have serious impact on society. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc; cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and pre- dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc; or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of case, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. 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 proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.”
8. In view of the dictum laid down in the above decision and also considering the fact that matter is settled between the parties and no conviction will be possible in such cases and allowing the case to continue in the file will amount to wastage of judicial time, this Court feels that it is a fit case where the power under Section 482 of the Code can be invoked to quash the proceedings to promote settlement which resulted in restoration of harmony between the parties.
So the application is allowed and further proceedings in C.C.No.2064/2013 (Crime No.169/2013 of the Harbor Police Station) pending before the Judicial First Class Magistrate's Court -I, Kochi as against the petitioner is quashed.
Office is directed to communicate this order to the concerned court immediately for necessary further action in this regard.
Sd/-K.RAMAKRISHNAN JUDGE MJL