KUMARI Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioner, who is the unfortunate mother of victim child, facing prosecution in C.P. No. 106 of 2013 pending before the Judicial First Class Magistrate Court, Nedumkandom, to quash the proceedings on the basis of settlement under Section 482 of the Code of Criminal Procedure.

(2.) IT is alleged in the petition, the petitioner has been arrayed as sole accused in Crime No. 363/2013 of Santhanpara Police Station of Idukki District, alleging offences under Section 326 of Indian Penal Code and Section 23 of Juvenile Justice (Care and Protection of Children) Act, 2000. Petitioner is the mother of the victim and wife of the second respondent, who is the father of the victim, and they are now residing together. The prosecution case was that the son of the petitioner and the second respondent were beaten by the petitioner on 28.05.2013 at 6.00 p.m., at Priya Bhavan, Muttukad Kandam Bhagam, Chinnakanal Village, Idukki District and caused grievous injury and thereby she had committed the above said offence. In fact, she had no intention to inflict any grave injury to the victim, but, on account of some sudden provocation caused due to the act of the victim, she happened to beat him and that resulted in the injury. Now, they are living together and she is protecting the welfare of the child as well. The matter has been settled between the parties and the difference of opinion between the parents which resulted in incident has now resolved between them. On account of the settlement, no purpose will be served by proceeding with the case. Since the offences are non compoundable in nature, they could not file an application for compounding before the concerned Court. So, the petitioner has no other remedy except to approach this Court seeking the following relief:

(3.) LEARNED counsel for the petitioner also submitted that in view of the settlement, no purpose will be served by proceeding the case and in fact being the mother, she had no intention to cause any grievous hurt and she had to beat the child due to some provocation caused on account of his act, he prayed for allowing the application.