Courts may quash proceedings in non-heinous offenses when parties amicably settle disputes.

O R D E R

This is a petition filed under Section 528 of B.N.S.S. , by the

1^st accused in Crime No.513 of 2023 of Ernakulam South Police Station, which is pending as C.C.No.1677 of 2023 on the file of Additional Chief Judicial Magistrate’s Court, Ernakulam. The offences alleged against the petitioner are under Sections 452, 341, 323, 325, 506, 354, 279, 337 and 338 of I.P.C.

2. The prosecution case is that on 17.03.2023 at about

1 p.m., the accused trespassed into the residence of CWs 1 and 2, voluntarily caused hurt and grievous hurt to CW1. When CW2 intervened, the accused outraged her modesty by grabbing her hand and threatened to kill them and thereby the accused are alleged to have committed the aforesaid offences.

3. According to the petitioner, the dispute has been amicably settled with the defacto complainant and 2^nd respondent and that they agreed to drop all further proceedings relating to the above dispute. Therefore, he prayed for quashing all further proceedings against him.

4. The De facto complainant and the 2^nd respondent affidavits endorsing the averments in the Criminal MC. According to them, the dispute 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 petitioner.

5. The learned Public Prosecutor, after getting instructions from the investigating officer also submitted that the dispute has been amicably settled between the parties and that the de facto complainant and the 2^nd respondent are not interested in continuing the prosecution against the petitioner.

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 the parties 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.1677 of 2023 on the file of Additional Chief Judicial Magistrate’s Court, Ernakulam, arising from Crime No.513 of 2023 of Ernakulam South Police Station, stands quashed under Section 528 of B.N.S.S.