C O M M O N O R D E R

The petitioners in this Crl.MCs. are accused Nos. 1 and 2 in Crime No.940/2013 of Tirur, Police Station which is now pending as L.P No. 270/2015 pending before the Judicial First Class Magistrate Court, Tirur and L.P 47/2018 before the Addl. District and Sessions Court-III, Manjery. The Crl.MC.No.6579/2021 is filed by the 1st accussed and the Crl. MC.No.6022/2021 is filed by the 2nd accused. The offences alleged against the petitioners are under Sections 324, and 308 r/w 34 of Indian Penal Code.

2. The prosecution case is that, on 04.03.2013, at about 11'o clock the accused persons, in furtherance of common intention,attacked the respondents 2 to 5 and caused injuries to them. Annexure-A1 is the final report submitted by the Police. This Crl.MC is filed for quashing all further proceedings pursuant thereto.

3. Heard Sri.George Renoy, the learned counsel appearing for the petitioners in both Crl.MCs, Sri.Adv. Sreeja. V, the learned Public Prosecutor appearing in Crl.Mc.No. 6579/2021 and Sri. Adv.

C.S. Hrithwik, the learned Public Prosecutor appearing in Crl.MC.No. 6022/2021 for the State and Sri. C.K.Prem Raj, the learned counsel appearing for the respondents 2 to 5 in both the above Crl.MCs.

4. 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 injured persons have sworn Annexures-A2 to A5 affidavits respectively. The aforesaid affidavits indicate that, the matter has been settled and the injured persons 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 Nos.2 to 5/injured persons 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 injured persons have reiterated that, they do not have any objection in quashing the proceedings as they have no subsisting grievance against the petitioners herein.

5. 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.

Accordingly, this Crl.M.C. is allowed. Annexure-A1 final report in Crime No.940/2013 of Tirur Police Station and all further proceedings in L.P No. 270/2015 pending before the Judicial First Class Magistrate Court, Tirur and in L.P. No. 47/2018 pending before the Addl. District and Sessions Court-III, Manjery as against the petitioners are hereby quashed.

Sd/-

ZIYADRAHMAN A.A JUDGE

mtk

APPENDIX OF CRL.MC 6022/2021 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE CHARGE SHEET DATED

05.07.13.

Annexure A2 AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED

21.10.21.

Annexure A3 AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED

21.10.21.

Annexure A4 AFFIDAVIT SWORN BY THE 4TH RESPONDENT DATED

21.10.21. 21.10.21.

APPENDIX OF CRL.MC 6579/2021 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE CHARGE SHEET.

Annexure A2 AFFIDAVIT SWORN BY THE 2ND RESPONDENT.