A private settlement between parties can warrant the quashing of criminal proceedings if no grievance remains.

ORDER

The 2nd petitioner is the 2nd accused in Crime No.391/2020 of Mankada Police Station, Malappuram which is now pending as CC No.582/2020 on the file of Judicial First Class Magistrate Court-II, Perinthalmanna. The offences alleged against the petitioner and the other accussed are under Sections 447 , 427, 294(b), 506 r/w Section 34 of the Indian Penal Code .

2. The prosecution case is that, on 13.08.2020, the accused persons tresspassed into the property of the 3rd respondent, abused and threatened to kill the defacto complainant. Annexure A1 is the Final Report submitted by the police and this Crl.M.C. is filed for quashing all further proceedings pursuant thereto.

3. It is reported that the 1st accussed is no more, and hence the proceedings against him now stands abated.

4. Heard Sri.E.C.Ahamed Fazil, the learned Counsel appearing for the petitioner, Smt.Sreeja V., the learned Public Prosecutor appearing for the State and Sri.Niyas Mohammed, the learned Counsel appearing for the 3rd respondent.

5. 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 3rd respondent has sworn Annexure A3 affidavit. The aforesaid affidavit indicate that, the matter has been settled and the 3rd respondent 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 3rd respondent 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 3rd respondent has reiterated that, he do not have any objection in quashing the proceedings as he has no subsisting grievance against the petitioners herein.

6. 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 inGian 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.391/2020 of Mankada Police Station, Malappuram and all further proceedings in CC No.582/2020 pending before the Judicial First Class Magistrate Court-II, Perinthalmanna as against the petitioners are hereby quashed.