The court affirmed that inherent powers can be used to quash criminal proceedings involving non-compoundable offenses if the disputes are private and do not serve public interest.

O R D E R

The petitioners are the accused Nos.1 to 5 on the files of the Judicial First Class Magistrate Court – II, Ernakulam. They are charged for having committed offence punishable under sections 143, 147, 148, 341, 323 and 324 read with section 149 of the Indian Penal Code .

2. The prayer in this Criminal Miscellaneous Case is to quash all proceedings in pursuance to Annexure A-2 Charge Sheet in C.C.No.266/2007 of the Judicial First Class Magistrate Court – II, Ernakulam. The crime was registered on 20.04.2007 on the basis of the complaint filed by one Reshkumar who has been arrayed as the second respondent in this proceedings. The second respondent has filed an affidavit asserting that he has settled the whole dispute with the petitioners and he has no grievance or complaint now.

3. I have heard the learned counsel for the petitioners as well as the second respondent and the learned Public Prosecutor.

4. The learned counsel for the second respondent has submitted that the assertions in the affidavit filed by the

2nd respondent are true.

5. I have anxiously gone through the relevant records and also the affidavit filed by the de facto complainant. I am convinced that the offences are entirely personal in nature and, therefore, do not affect public peace or tranquility. It has been held by the Apex Court, that the high court, while exercising powers under Section 482 will be justified in quashing cases involving even non- compoundable offences if the disputes are really private in nature and no public interests are involved provided that the offences are not of the gravely objectionable variety. I am convinced that the extraordinary powers under Section 482 can be invoked as the case falls within the matrix of guidelines laid down by the Apex Court inGian Singh v. State of Punjab ( 2012 (4) KLT 108 ) and in Narinder Singh and others v. State of Punjab and anr. reported in(2014) 6 SCC 466 and other cases. It is also felt that quashing of the instant proceedings would bring about peace and secure ends of justice. No purpose will be served in subjecting the parties to the ordeal of a protracted trial in view of the settlement. It will only enure to waste valuable judicial hours.

8. I am therefore of the view that the criminal proceedings pending as against the petitioners can be quashed by invoking the inherent powers of this Court under Section 482 of the Code of Criminal Procedure .

In the result, this Criminal Miscellaneous Case is allowed, and Annexure A-2 Charge Sheet and all further proceedings in C.C.No.266/2007 on the files of the Judicial First Class Magistrate Court – II, Ernakulam are hereby quashed.