ORDER

The petitioners are the accused Nos. 1 to 5 in Crime No.3073/2021 of Muvattupuzha Police Station, Ernakulam, which is now pending as S.C.No.206/2022 before the Principal Sessions Court, Ernakulam. The alleged offences punishable under Sections 323, 324, 294(b) 308 r/w Section 34 of the Indian Penal Code.

2. The prosecution case case is that, on 26.08.2021, the petitioners formed into an unlawful assembly, and assaulted the 2nd respondent herein with dangerous weapons. Annexure 1 is the Final Report submitted by the police and this Crl.M.C is filed for quashing all further proceedings pursuant thereto.

3. Heard Sri. K.R. Jithin, the learned counsel appearing for the petitioners, Smt. Sreeja, the learned Public Prosecutor for the State and Sri. Manu Tom, the learned counsel appearing for the 2nd respondent.

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 person has sworn Annexure A2. The aforesaid affidavit indicates that, the matter has been settled and the injured person has no subsisting grievance against the petitioners herein. He also conveyed that he has no objection in quashing the proceedings against the petitioners herein. The learned counsel for the 2nd respondent/injured person 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 person has reiterated that, he does not have any objection in quashing the proceedings as he has 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.

6. It is true that one of the offences is under Section

308 of the Indian Penal Code, however it is discernible from the records that no serious injuries are sustained by the 2nd respondent. Moreover, in connection with the incident, a counter case was also registered against the defacto complainant herein, which is numbered as Crime No. 242/2022 of Muvattupuzha Police Station. Today Crl.M.C.No.3291/22 was filed by the de-facto complainant herein along with the other accused persons to quash the proceedings.

7. I am considering both these Crl.M.Cs, together.

The prayer for quashing the proceedings in both these Crl.M.Cs is on the basis of mutual settlement arrayed between the parties. While taking this view, I have also taken note of the fact that no criminal antecedents of any of the petitioners were also brought to my notice. In such circumstances, I am inclined to invoke the jurisdiction of this Court under Section 482 Cr.P.C to quash the proceedings against the petitioners, eventhough, one of the offence alleged is serious in nature.

Accordingly, this Crl.M.C. is allowed. Annexure A1 Final Report in Crime No.3073/2021 of Muvattupuzha police Station and further proceedings in S.C.No.206/2022 pending before the Principle Sessions Court, Ernakulam as against the petitioners are hereby quashed.