Settlements between private parties can lead to the quashing of criminal proceedings when there is no public interest in pursuing the case.

The petitioners are the accused in Crime No.829/2018 of Palode Police Station which is now pending as C.C No. 114/2019 before the Judicial First Class Magistrate Court (Forest Offeces), Nedumangad. The offences alleged against the petitioners are punishable under Sections 294 (b) and 323 read with Section 34 of Indian Penal Code . The 3rd respondent is the defacto complainant. Annexure-1 is the Final Report submitted by the Police. This Crl.MC is filed for quashing all further proceedings pursuant to Annexure-1.

2. Heard Sri. Latheesh Sebastian, the learned counsel appearing for the petitioners, Smt.Sreeja V, the learned Public Prosecutor appearing for the State and Smt.Neethu S, the learned counsel appearing for the 3rd respondent.

3. 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 defacto complainant has sworn Annexure-2 affidavit.

The aforesaid affidavit indicates that, the matter has been settled and the defacto complainant 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 /defacto complainant 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 defacto complainant 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 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-1 Final Report in Crime No.829/2018 of Palode Police Station and all further proceedings in C.C.No.114/2019 pending before the Judicial First Class Magistrate Court (Forest Offences), Nedumangad as against the petitioners are hereby quashed.