(Prayer: Petition filed under Section 482 of Code of Criminal Procedure to quash the FIR No.190 of 2016 on the file of the Thottiyam Police Station, Trichy.)
1. Section 482 Cr.P.C., saves inherent power of the Court. Such inherent power can be exercised either to prevent the abuse of the process of the Court or otherwise to secure the ends of justice. Invoking such inherent power, this petition has been filed to quash the proceedings on the ground that the continuance would amount to abuse of the process of the Court.
2. Acase in Crime No.190 of 2016 has been registered under Sections 294(b), 324 and 506(2) IPC by the 1st respondent against the petitioner.
3. The allegations in the complaint is that when the defacto complainant was standing on the left side of the road, the petitioner abused him in filthy language, attacked him knife and caused injury to him, which resulted in registration of the case in Crime No.190 of 2016.
4. When the matter is taken up for hearing, the petitioner and the second respondent, appeared in person and their identifications were verified by this Court, in addition to the confirmation of the identity of the parties by the learned Government Advocate (Crl.Side) through the respondent police.
5. Learned counsel appearing for the parties filed a joint memo of compromise dated 24.08.2016, duly stating that the parties have arrived at an amicable settlement, under which the second respondent has agreed to withdraw the above case in Crime No.190 of 2016 pending on the file of the first respondent.
6. Even though knife is the weapon alleged to have been used, the defacto complainant has stated that he sustained only simple injury and there is no grievous hurt on his body and that he has no grievance as against the petitioner.
6.1. From the compromise, this Court can safely infer that the chances of the defacto complainant deposing against the petitioner is less and therefore, the chances of conviction of the accused is bleak.
7. The Hon'ble Supreme Court in the case of B.S.Joshi vs. State of Haryana, reported in (2003) 4 SCC 675 held that the High Court can quash the proceedings under Section 482 Cr.P.C., if it comes to the conclusion that ends of justice so requires, i.e. there would be almost no chance of conviction. Thus, B.S.Joshi s case provided a creative solution for quashing of proceedings under Section 482 Cr.P.C.
8. Therefore, considering, a) the nature of relationship between the parties, b) nature of offences alleged c) the settlement arrived at and d) the ultimate result of the prosecution, this Court is of the view that quashing of the First Information Report will be in the ends of justice and accordingly, the same is ordered to be quashed.
9. In the result, this Criminal Original Petition is allowed and the entire proceeding in Crime No.190 of 2016 dated 21.07.2016 on the file of the 1st respondent police in respect of the petitioner is hereby quashed.