ORDER

Dated this the 5th day of July, 2022 The petitioner is the accused in crime No.799/2020 of Perinthalmanna Police Station, which is now pending as C.C. No.252/2021 before the Judicial First Class Magistrate's Court-I, Perinthalmanna. The offences alleged against the petitioner are under Sections 341, 323 and 324 of the Indian Penal Code.

2. The prosecution case is that, on 24.08.2020 at about

21.00 hours, the petitioner/accused assaulted the defacto complainant after wrongfully restraining him, with an iron pipe. Annexure-A is is the final report submitted by the Police. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure-A final report.

3. Heard Sri. K. Rakesh, the learned counsel appearing for the petitioner, Sri. C.S. Hritwik, the learned Senior Public Prosecutor for the State and Sri. K.S. Praveen, the learned counsel appearing for the 3rd respondent.

4. The prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexure-B affidavit sworn by the 3rd respondent is filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the 3rd respondent had specifically acknowledged the aforesaid settlement and also conveyed the no-objection to quash the proceedings against the petitioner herein. The learned counsel appearing for the 3rd respondent also confirms the same. The learned Public Prosecutor, upon instructions, submitted that the Station House Officer concerned has verified the veracity of the same and found it to be genuine.

5. The allegations would reveal that the dispute is purely private in nature. In such circumstances, by applying the principles laid down by the Honourable Supreme Court in Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303], proceedings can be quashed by invoking the powers of this Court under Section 482 Cr.P.C. This is particularly because, on account of the settlement, no fruitful purpose would be served by allowing the prosecution to continue.

In the result, this Crl.M.C. is allowed and Annexure-A final report submitted in crime No.799/2020 of Perinthalmanna Police Station and C.C. No.252/2021 on the files of the Judicial First Class Magistrate's Court-I, Perinthalmanna, against the petitioner are hereby quashed.