The court invoked inherent power to quash proceedings upon amicable settlement of a private dispute involving non-heinous offenses.

ORDER

This is a petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023 by the accused Nos.1 to 4 in Crime No.4/2010 of Kadakkavoor Police Station, Thiruvananthapuram, which is pending as CC. No.408/2016 on the file of the Judicial First Class Magistrate Court, Varkala The offences alleged against the petitioners are punishable under Sections 498A , 323, 403 read with Section 34 of the Indian Penal Code , 1860

2. The prosecution case is that the 1st accused being the husband of the defacto complainant and the other accused being his relative subjected her to cruelty both physically and mentally on the ground of dowry, misappropriated her gold ornaments and voluntarily caused hurt to her and thereby they alleged to have committed the aforesaid offences.

3. According to the petitioners, the dispute has been settled with the defacto complainant and they agreed to drop all further proceedings relating to the above dispute. Therefore, the petitioners prayed for quashing all further proceedings against them.

4. The Defacto complainant filed affidavit endorsing the averments in the Criminal MC. According to her, the case has been amicably settled and that she does not intend to proceed with the case and also that further proceedings in the case can be quashed. She has no further grievance against the petitioners.

5. The learned Public Prosecutor, after getting instruction from the investigating officer also submitted that the dispute has been settled between the parties and that the victim is not at all interested in continuing the prosecution against the petitioners.

6. Considering the fact that the offence involved in this case are not heinous and very serious, but purely of private in nature and now the dispute has been settled between the parties, this is a fit case in which further proceedings can be quashed by invoking the inherent power of this court. Such a course is also required to maintain the harmonious relationship between the parties to a marriage and also to prevent abuse of process of the court.

7. In the result, this Crl. M.C is allowed. All further proceedings against the petitioners/accused Nos.1 &2 in CC No.457/2022 on the file of the Judicial First Class Magistrate Court-II, Neyyattinkara arising from crime No.438/2022 of Parassala Police Station, Thiruvananthapuram stands quashed under Section 528 of B.N.S.S.