The petition is filed under Section 482 of the Code of Criminal Procedure, to quash Annexure A1 FIR and Annexure A2 Final Report in Crime No.817/2022 of the Nooranadu Police Station, Alappuzha and all further proceedings in S.C.No.498/2023 of the Additional Sessions Court-III, Alappuzha.

2. The petitioners are the accused 1 and 2 in the above crime, registered against them, at the instance of the 3rd respondent, for allegedly committing the offences punishable under Sections 341 and 506 r/w Section 34 of the Indian Penal Code and Sections 92(a) and 92(b) of the Right of Persons with Disabilities Act, 2016.

3. The crux of the prosecution case is that: on 08.11.2022 when the 3rd respondent and his family went to Swathy theater for watching a movie, the 1st accused, namely, the Manager of the theater restricted entry of food inside the theater and the 2nd accused, who is the son of the 1st accused, was threatened and harassed the disabled son of the 3rd respondent. Thus, the accused have committed the above offences.

4. Heard; Sri.R.Reji, the learned counsel appearing for the petitioners, Smt.Seetha S. the learned Senior Public Prosecutor and Sri.K.V.Anilkumar the learned counsel appearing for the 3rd respondent/defacto complainant - parent of the victim.

5. The learned counsel appearing for the petitioners submitted that the subject matter in dispute between the petitioners and the 3rd respondent has been amicably settled out of court. The 3rd respondent has filed Annexure A3 affidavit stating that he has no objection in all further proceedings in Annexures A1 and A2 being quashed. Hence, the petition may be allowed.

6. The learned Public Prosecutor, on instructions, submitted that the Investigating Officer has ascertained and reported that the dispute between the petitioners and the 3rd respondent has been amicably settled and the 3rd respondent has voluntarily executed Annexure A3 affidavit.

7. The learned counsel appearing for the 3rd respondent has also submitted that the 3rd respondent has voluntarily executed Annexure A2 affidavit without any force or compulsion. The said submission is recorded.

8. The Hon'ble Supreme Court in Gian Singh vs. State of Punjab [2012 (10) SCC 303] and Prabatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others vs. State of Gujarat and another [(2017) 9 SCC 641] has held that in the facts and circumstances of a case and to secure the ends of justice, where the High Court is satisfied that an amicable settlement has been arrived at between the parties and the offence is not serious in nature involving mental depravity, criminal proceedings may be quashed.

9. On a consideration of the facts, the rival submissions made across the Bar, and the materials placed on record, especially after going through Annexure A3 affidavit sworn in by the 3rd respondent, which has been found to be genuine and bona fide by the Investigating Officer, I am convinced and satisfied that this is a fit case to exercise the inherent power of this Court, particularly since the alleged offences are not serious in nature, no public interest is involved, the chances of conviction is remote, the continuation of the proceedings would only be a sheer wastage of judicial time and the settlement would augur harmony in society.

Hence, I am inclined to allow the petition.

In the result, the Crl.M.C is allowed by quashing Annexures-A1 and A2 and all further proceedings in S.C.No.498/2023 of the Additional Sessions Court-III, Alappuzha as against the petitioners.

The Crl.M.C is ordered accordingly. Sd/- C.S.DIAS,JUDGE rkc/11.03.24 APPENDIX OF CRL.MC 954/2024 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE F.I.R IN CRIME NO.817/2022 OF NOORANADU POLICE STATION DATED 9.11.2022 ALONG WITH THE F.I.S AND MAHASAR Annexure A2 TRUE COPY OF THE FINAL REPORT IN S.C. NO. 498/