Quashing proceedings is warranted when parties settle amicably in non-heinous offences to prevent abuse of legal process.

ORDER

Dated this the 28^th day of January, 2026 This is a petition filed under Section 528 of B.N.S.S. , by the accused 1 & 2 in Crime No.1225/2015 of Kalpakanchery Police Station, which is pending as CC. No.1719/2017 on the file of Judicial First Class Magistrate Court, Tirur. The offences alleged against the petitioners are under Sections 143 , 147, 341, 323 of IPC , Section 23 of JJ Act and Section 4 of Kerala Prohibition of Ragging Act 1998.

2. The prosecution case is that on 05.12.2015 at about 1.45 p.m., in the premises of Government Higher Secondary School, Kalpakanchery, the petitioners along with four other students wrongfully restrained the defacto complainant who was a plus two student and voluntarily caused hurt to him as a part of ragging and thereby they alleged to have committed the aforesaid offences.

3. According to the petitioners, the dispute has been settled with the defacto complainant/victims/respondent No.2 and that he 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/victim filed affidavit endorsing the averments in the Criminal MC. According to him, the dispute has been amicably settled and that he does not intend to proceed with the case and also that further proceedings in the case can be quashed. He has no further grievance against the petitioners.

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 defacto complainant/victim is not interested in continuing the prosecution against the petitioners.

6. Considering the fact that the offence/s 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.

In the result, this Crl. M.C is allowed. All further proceedings against the petitioners alone in CC. No.1719/2017 on the file of Judicial First Class Magistrate Court, Tirur, arising from Crime No.1225/2015 of Kalpakanchery Police Station, stands quashed under Section 528 of B.N.S.S.

Sd/-