“It is a well settled law that where the High Court is convinced that the offences are entirely personal in nature and therefore do not affect public peace or tranquility and where it feels that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice, it should not hesitate to quash them. In such cases, pursuing prosecution would be waste of time and energy,” Justice P.S. Teji observed.
The Court was hearing a Petition against an accused who had sought quashing of the FIR registered against him under Sections 354D (stalking), 341(punishment for wrongful restraint), 506 (punishment for criminal intimidation) and 509 (word, gesture or act intended to insult the modesty of a woman) of the Indian Penal Code. The complaint had been filed after the accused had allegedly stalked the complainant, who had earlier been in a relationship with the accused, and had threatened to make public some of her private photographs.
During the recent hearing, however, the two parties informed Justice Teji of a compromise deed entered into by the parties. Opining that even though the offence under Section 354D is a non-compoundable offence, the Court can quash the FIR under Section 482, Cr.P.C, the Court observed, “The inherent powers of the High Court ought to be exercised to prevent the abuse of process of law and to secure the ends of justice. The respondent agreed to the quashing of the FIR in question and stated that the matter has been settled out of her own free will. As the matter has been settled and compromised amicably, so, there would be an extraordinary delay in the process of law if the legal proceedings between the parties are carried on. So, this Court is of the considered opinion that this is a fit case to invoke the jurisdiction under Section 482 Cr.P.C. to prevent the abuse of process of law and to secure the ends of justice.”
Read the Judgment here.