Quashing proceedings under Section 482 of the CrPC is warranted when the parties have amicably settled the matter, and the allegations are not of a heinous nature.

ORDER

This is a petition filed under Section 482 of the Code of Criminal Procedure , 1973 by the accused in Crime No.427/2022 of Kottakkal Police Station, which is pending as CP. No.80/2022 on the file of the Judicial First Class Magistrate Court, Malappuram. The offences alleged against the petitioner are punishable under Sections 451 , 354, 354A (I)(III), 506, 511 and 376 of Indian Penal Code , 1860.

2. The prosecution case is that on 05.11.2018 at about

11.00 p.m., the accused, who is the younger brother of the husband of the defacto complainant, tresspassed into her residence, outraged her modesty and attempted to rape her and when she resisted, intimidated to do away with her and thereby he alleged to have committed the above offences.

3. According to the learned counsel for the petitioner, the dispute has been settled with the petitioner and the defacto complainant and victim/ respondent No.2 and she agreed to drop all further proceedings relating to the above dispute. Therefore, the petitioner prayed for quashing all further proceedings against him.

4. The petition was opposed by the learned Public Prosecutor.

5. The Defacto complainant/victim filed an affidavit stating that the matter has been settled with the petitioner. 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 petitioner.

6. The learned Public Prosecutor, after getting instruction from the investigating officer also submitted that the dispute has been amicably settled between the parties and that the victim is not interested in continuing the prosecution against the petitioner. 7. Considering the fact that the petitioner and the defacto complainant are close relatives, the offences 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, quashment of the same is necessary for maintaining harmonious relationship between them and also to prevent abuse of process of the court.

In the result, this Crl. M.C is allowed. All further proceedings against the petitioner in C.P No.80/2022 on the file of the Judicial First Class Magistrate Court, Malappuram, arising from Crime No.427 of 2022 of Kottakkal Police station, Malappuram stands quashed under section Section 482 of the Code of Criminal Procedure .