Quashing of proceedings is justified when disputes of a non-heinous nature are amicably settled between parties.

O R D E R

This is a petition filed under Section 528 of B.N.S.S ., by accusedNos.1 to 6 in Crime No.77 of 2022 of Elathur Police Station, Kozhikode, which is pending as CC. No.603 of 2022 on the file of the Judicial First Class Magistrate’s Court-I, Koyilandy. The offences alleged against the petitioners are under Sections 143, 147, 148, 447, 323, 324, 506, 427 and 354 r/w Section 149 IPC.

2. The prosecution case is that on 20.01.2022 at about p.m., the accused persons formed themselves into an unlawful assembly armed with deadly weapons, trespassed into the courtyard of the house of the defacto complainant, intimidated him and voluntarily caused hurt to him. When CWs 4 to 7 intervened, the accused persons caused hurt to them and outraged the modesty of CW5 and caused mischief to the residence of the defacto complainant and thereby the accused alleged to have committed the aforesaid offences.

3. According to the petitioners, the dispute has been settled with the defacto complainant and respondent Nos.4 to 6 and all of them 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 and respondents 4 to 6 filed affidavits endorsing the averments in the Criminal MC. According to them, the case has been amicably settled and that they do not intend to proceed with the case and also that further proceedings in the case can be quashed. They have 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 amicably settled between the parties and that the victims are not interested in continuing the prosecution against the petitioners.

6. Considering the fact that 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.

7. In the result, This Crl.M.C is allowed. All further proceedings against the petitioners in CC. No.603 of 2022 on the file of the Judicial First Class Magistrate’s Court-I, Koyilandy, arising from Crime No.77 of 2022 of Elathur Police Station, Kozhikode, stands quashed under Section 528 of B.N.S.S .