Settlement between parties can lead to quashing of FIR in private disputes as per Section 482 Cr.P.C.

Petitioners are the accused Nos.1 and 2 in Crime No.406 of

2022 of Pangode Police Station, which is registered for the offences punishable under Sections 294 (b), 323, 324, 308 read with Section 34 IPC .

2. The prosecution case is that the petitioners owing to enmity regarding the timing schedule of private buses, on 19.07.2022 at 6.45 pm abused the de facto complainant and assaulted him with an iron rod. Annexure-I is the FIR and this Crl.M.C. is filed for quashing all further proceedings pursuant thereto.

3. Heard Sri.Kishore D learned counsel for the petitioners, Sri.C.S.Hrithwik, learned Public Prosecutor for the State and Sri.Tom E. Jacob, learned counsel for the 3rd respondent.

4. Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexure-II affidavit sworn by the 3rd respondent/de facto complainant is filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the 3rd respondent/de facto complainant had specifically acknowledged the aforesaid settlement and also conveyed the no-objection to quash the proceedings against the petitioners herein. The learned counsel appearing for the 3rd respondent/de facto complainant 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 inGian 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.

6. It is true that offence alleged includes Section 308 IPC .

However, on perusal of the records, it can be seen that the injuries sustained by the de facto complainant are not very serious in nature. More over, no criminal antecedents of any of the petitioners were brought to my notice. In such circumstances, I am inclined invoke the jurisdiction of this Court under Section 482 Cr.P.C to quash the proceedings against the petitioner.

In the result, this Crl.M.C. is allowed, and Annexure-AI FIR in Crime No.406 of 2022 of Pangode Police Station and all further proceedings thereof against the petitioners are hereby quashed.