HASHISH Vs. STATE OF KERALA

JUDGEMENT

(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 3 in C.C.No.1271 of 2012 on the file of the Judicial Magistrate of 1st Class, Thiruvalla. The 2nd respondent herein who is the sister of the 2nd petitioner is the de facto complainant in the aforesaid case. 3.The prosecution allegation is that on 24.08.2012, the petitioners herein trespassed into the apartment of the 2nd respondent and assaulted her with intent to outrage her modesty. It appears that in respect of the same incident on the basis of a rival version, Crime No.502 of 2012 of the Keezhvaypur Police Station was also registered against the 2nd respondent and others. 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.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 :