ORDER

The petitioners are the accused Nos.1 to 3 in Crime No.311/2022 of Ollur Police Station which was registered for the offences punishable under Sections 323, 324, 452, 294(b), 384, 385, 506 read with Section 149 of Indian Penal Code. Annexure 1 is the First Information Report. It is now reported that, investigation in this case is already completed and a final report has been submitted before the Judicial First Class Magistrate Court III, Thrissur and the same is now pending as C.C. No.729/2022. The respondents 2 to 4 are the victims of the crime. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure 1 First Information Report.

2. Heard Sri. Saijo Hassan, learned counsel appearing for the petitioners, Smt.Sreeja V., learned Public Prosecutor for the State and Sri.Suresh P.G., learned counsel appearing for the respondents 2 to 4.

3. The prayer for quashing the above proceedings is sought for by the petitioners on the ground that, the dispute between the parties has been settled and to substantiate the same, the respondents 2 to 4 have sworn Annexure 2 to Annexure 4 affidavits respectively.

The aforesaid affidavits indicate that, the matter has been settled and the respondents 2 to 4 have no subsisting grievance against the petitioners herein. They also conveyed that they have no objection in quashing the proceedings against the petitioners herein. The learned counsel for the respondents 2 to 4 also confirmed the same. The learned Public Prosecutor upon instructions submitted that the veracity of the settlement was verified by the Station House officer concerned and before the SHO also, the respondents 2 to 4 have reiterated that, they do not have any objection in quashing the proceedings as they have no subsisting grievance against the petitioners herein.

4. Going through the materials available on record, it is discernible that, the dispute is basically private in nature and on account of settlement arrived at between the parties, no purpose would be served if the proceedings against the petitioners herein were allowed to continue. In such circumstances, the chances of a successful prosecution are very bleak. Therefore, I am of the view that going by the decision in Gian Singh v. State of Punjab and Another [2012(4) KLT 108], this is a fit case in which the powers of this Court under Section 482 of the Code of Criminal Procedure can be invoked.

5. It is true that among the offences Section 384 and 385 are included. However, it is seen from the records that, the entire dispute stemmed up from a matrimonial dispute between the 1st petitioner and the 2nd respondent. Now the parties have settled all their dispute and they have separated. In such circumstances, I deem it appropriate to invoke the jurisdiction of this Court under Section 482 of Cr.P.C.

Accordingly, this Crl.M.C. is allowed. Annexure 1 First Information Report in Crime No.311/2022 of Ollur Police Station and all further proceedings pursuant thereto including the proceedings in C.C. No.729/2022 on the files of the Judicial First Class Magistrate Court III, Thrissur, as against the petitioners are quashed Sd/-

ZIYAD RAHMAN A.A.

JUDGE

scs

APPENDIX OF CRL.MC 3611/2022 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE FIR NO. 311/2022 OF OLLUR POLICE STATION, THRISSUR DISTRICT DATED 07.03.2022 Annexure 2 TRUE COPY OF THE AFFIDAVIT FILED BY THE

2ND RESPONDENT DATED 12.05.2022 Annexure 3 TRUE COPY OF AFFIDAVIT FILED BY 3RD ADDITIONAL RESPONDENT Annexure 4 TRUE COPY OF AFFIDAVIT FILED BY 4TH ADDITIONAL RESPONDENT