Quashing of proceedings based on amicable settlement and non-serious nature of allegations.

ORDER

Dated this the 29^th day of January, 2026 This is a petition filed under Section 528 of B.N.S.S. , by the accused 2 & 4 in Crime No.279/2017 of Kuttipuram Police Station, which is pending as CC. No.631/2018 on the file of Judicial First Class Magistrate Court, Tirur. The offences alleged against the petitioners are under Sections

448, 341, 323, 354, 294(b), 506(i) r/w 34 of IPC.

2. The prosecution case is that on 18.11.2017 at about 1.30 p.m., the petitioners along with other accused persons trespassed into the residence of the defacto complainant, wrongfully restrained her, that when CW2 intervened, the 1^st accused outraged her modesty by tearing off her maxi and thereby they are alleged to have committed the aforesaid offences.

3. According to the petitioners, the dispute has been amicably settled with the defacto complainant/victim/ respondent No.2 & 3 and that they 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 and CW2 filed 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 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 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.

In the result, this Crl. M.C is allowed. All further proceedings against the petitioners in CC. No.631/2018 on the file of Judicial First Class Magistrate Court, Tirur, arising from Crime No.279/2017 of Kuttipuram Police Station, as against the petitioners alone stands quashed under Section

528 of B.N.S.S.