Court emphasized the importance of amicable settlements in non-serious private offences, permitting quashment of proceedings.

ORDER

This is a petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita , 2023 (B.N.S.S.), by the accused in Crime No.829 of 2019 of Marayamuttam Police Station, Thiruvananthapuram, which is pending as CC. No.1970/2019 on the file of the Judicial First Class Magistrate Court-III, Neyyattinkara. The offences alleged against the petitioner are under Sections 341 , 354, 354A(i) and 354D(i)(ii) of Indian Penal Code , 1860.

2. The prosecution case is that on 27.09.2019, the accused wrongfully restrained the defacto complainant, outraged her modesty and followed her inspite of informing that she was not interested in contnuing the friendship with the petitioner and thereby he is alleged to have committed the aforesaid offences.

3. According to the petitioner, the dispute has been settled with 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 Defacto complainant/victim 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 petitioner.

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 victim is 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 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.C No.1970/2019 on the file of the Judicial First Class Magistrate Court-III, Neyyattinkara, arising from Crime No.829 of 2019 of Marayamuttam Police station, Thiruvananthapuram, stands quashed under Section 528 of B.N.S.S.