The Court can quash proceedings when parties amicably settle their private disputes and continuation serves no public interest.

O R D E R

The petitioners are the accused in C.C.No.1395/2019 on the files of the Judicial First Class Magistrate Court, Thodupuzha, which arose out of Crime No.599/2019 of Kaliyar Police Station, Idukki.The offences alleged against them are under Sections 323 and 324 read with Section 34 of the Indian Penal Code, 1860 , and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 , (in short, ‘JJ Act’)

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

3. Heard the learned counsel for the petitioners, the learned counsel for respondents 2 and 3 and the learned Public Prosecutor representing the State of Kerala.

4. The de facto complainant and the other person aggrieved by the crime involved in this case, have filed affidavits before this Court, stating that the issue has been amicably settled with the petitioners, and hence they are not interested in continuing the proceedings against the petitioners.

5. The learned Public Prosecutor, upon instructions, submitted that the defacto complainant and the other aggrieved person had given statements to the Investigating Officer also, to the effect that the issue has been amicably settled with the petitioners, and hence they are not interested in continuing the criminal prosecution against the petitioners.

6. Though the offence under Section 75 of the JJ Act is incorporated in this case, it is seen that the aforesaid offence is not attracted, since the child concerned has not suffered any serious injuries. Hence, the inclusion of Section 75 of the JJ Act in the Final Report is not a reason to disallow the prayer to quash 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 petitioners, 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 petitioners, has to be allowed.