Court may quash criminal proceedings when parties amicably settle and continuance of prosecution is unnecessary.

ORDER

The petitioner is the accused in C.C.No.936/2023 on the files of the Judicial First Class Magistrate Court-I, Thrissur. He faces criminal prosecution for the commission of offences under Sections 341 and 323 of the Indian Penal Code , 1860 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act , 2015 .

2. In the present petition, the petitioner would contend that the issue involved in this case, has been amicably settled with the de facto complainant, and hence the proceedings against him, are liable to be quashed.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala.

4. The de facto complainant, who is the person aggrieved by the crime involved in this case, has filed an afÏdavit before this Court, stating that the issue has been amicably settled with the petitioner, and hence she is not interested in continuing the proceedings against the petitioner.

5. The learned Public Prosecutor, upon instructions, submitted that the defacto complainant had given statement to the Investigating OfÏcer also, to the effect that the issue has been amicably settled with the petitioner, and hence she is not interested in continuing the criminal prosecution against the petitioner.

6. Though the offence under Section 75 of the Juvenile Justice (Care and Protection of Children) Act , 2015 is incorporated in the Final Report, it is seen that the children of the petitioner and the defacto complainant have not suffered any substantial injury. That apart, it is seen that the entire family consisting of the petitioner, defacto complainant and the two children are now said to be leading a peaceful life. Therefore, the incorporation of offence under Section 75 of the , 2015, cannot be taken as a reason to disallow the prayer for the quashment of the proceedings.

7. The issue involved in this case is purely private in nature. Now that it has been amicably settled between the parties. Having regard to the above facts and circumstances of the case, I am of the view that no purpose would be fulfilled by the continuance of the prosecution against the petitioner, and hence it is highly necessary to terminate the prosecution proceedings to prevent abuse of process of court. Such a course is also required to maintain the harmonious relationship between the parties. Therefore, the prayer in this petition to quash the proceedings against the petitioner, has to be allowed.

In the result, the petition stands allowed. The proceedings against the petitioner/accused in C.C.No.936/2023 on the files of the Judicial First Class Magistrate Court, Thrissur , are hereby quashed.