K.SASI Vs. THANKAMANI

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.On the basis of an FIR lodged by the 1st respondent, Crime No.76 of 2011 of the Hosdurg Police Station was registered and investigation was taken up for offences punishable under Sections 452 , 509 , 294(b) and 427 of the IPC, and on its completion final report has been laid before the jurisdictional Magistrate. The case is now pending as C.C.No.423 of 2011 on the file of the Judicial Magistrate of 1st Class-I, Hosdurg. 3.The prosecution allegation is that on 16.1.2011at 11.30 am, with intent to obstruct the engagement proposed to be conducted in respect of the daughter of the de facto complainant, the petitioner trespassed into her residential home committed mischief after abusing the daughter of the 1st 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 1st respondent, to buttress their submissions. 5.The learned Public Prosecutor after getting instructions expresses her reservations in the matter. However it is submitted that tthe petitioner is not a person 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 :