Quashing of proceedings is justified when the dispute is amicably settled and does not involve severe offenses.

O R D E R

This is a petition filed under Section 528 of B.N.S.S. , by the accused Nos.1 and 2 in Crime No.502 of 2020 of Infopark Police Station, which is pending as C.C.No.3 of 2021 on the file of the Judicial First Class Magistrate’s Court, Kakkanad. The offences alleged against the petitioners are under Sections 354A (1)(i), 354A(1)(ii), 354A(1)(iv), 509, 294(b) and 34 of the Indian Penal Code .

2. The prosecution case is that on 04.10.2020, at about

11 a.m., the accused persons showed obscene gestures to the defacto complainant, abused CWs1 to 4 in filthy words and thereby they alleged to have committed the aforesaid offences.

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

4. The Defacto complainant/3rd respondent filed affidavit endorsing the averments in the Criminal MC. According to him/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. He/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 de facto complainant/ victim is 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 amicably 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 C.C.No.3 of 2021 on the file of the Judicial First Class Magistrate’s Court, Kakkanad, arising from Crime No.502 of 2020 of Infopark Police Station, stands quashed under Section 528 of B.N.S.S.