Criminal proceedings can be quashed under Section 482 of the Code of Criminal Procedure if the matter has been settled between the parties and no public interest is involved.

Headnote:
CRIMINAL PROCEDURE CODE - SECTION 482 - QUASHING OF PROCEEDINGS - SETTLEMENT - HOUSE BREAKING AND THEFT - PARTIES SETTLED THE MATTER - NO PUBLIC INTEREST INVOLVED - PROCEEDINGS QUASHED.
Fact of the Case:

The petitioner was accused of housebreaking and theft under Sections 454, 380, 461, and 414 read with 34 of the Indian Penal Code. The second accused, a juvenile, faced allegations before the Juvenile Justice Board. The petitioner filed a petition under Section 482 of the Code of Criminal Procedure to quash the proceedings on the ground of settlement.
Finding of the Court:

The court noted that both the victim and the owner of the stolen property had filed affidavits stating that the matter had been settled and they did not want to pursue the proceedings. The court also observed that no public interest was involved in the case.
Issues: Whether the criminal proceedings could be quashed based on a settlement between the parties.
Ratio Decidendi: The court held that since the matter had been settled between the parties and no public interest was involved, the proceedings could be quashed under Section 482 of the Code of Criminal Procedure.
Final Decision: The court allowed the petition and quashed the proceedings against the petitioner.

ORDER

Petitioner is the accused in C.C. No.529/2016 on the file of the Judicial First Class Magistrate's Court, Njarakkal which arose from the final report in Crime No. 906/2009 of Munambam police station which was registered on 20.08.2009 alleging offence under Sections 454, 380, 461, 414 read with 34 of the Indian Penal Code. It is alleged that accused, along with another, had broke opened the house of the defacto complainant and committed theft of a golden ring weighing four grams, worth Rs. 6,000/- and thereby committed the offence. The second accused, who is a juvenile-in-conflict with law faces allegations before the Juvenile Justice Board, Ernakulam and separate charge sheet has been laid against him. The case against the first accused alone was filed before the Judicial First Class Magistrate’s Court, Njarakkal. Now the petitioner has moved this Court under Section 482 of the Code of Criminal Procedure for quashing the proceedings on the ground of settlement.

2. I heard the learned counsel for the petitioner and also the learned Senior Public Prosecutor.

3. Both have stated that the matter is settled.

Moreover, Annexures A3 and A4 affidavits of the party respondents 2 and 3 respectively indicate that the matter is settled. The house in which house breaking and theft were committed belongs to the second respondent and the gold ring belongs to the third respondent. Both have stated in clear terms that the matter is settled and they do not want to pursue the proceedings.

4. In the circumstances, since no public interest is involved, entire proceedings in C.C. No. 529/2016 pending on the file of the Judicial First Class Magistrate's Court, Njarakkal are quashed and the petitioner shall stand exonerated.

Crl. M.C. is allowed as above.

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