IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. Pratheep Kumar, J
A.K. Mohanan – Appellant
Versus
State of Kerala – Respondent
CRL.MC NO. 5318 OF 2024 | CC NO. 4095 OF 2021
| Table of Content |
|---|
| 1. petition filed under b.n.s.s. for quashing proceedings. (Para 1 , 2 , 3) |
| 2. settled disputes warrant quashing of cases. (Para 4 , 5) |
| 3. final decision to quash all proceedings. (Para 6) |
ORDER
Dated this the 30th day of January, 2026 This is a petition filed under Section 528 of B.N.S.S. , by the accused persons in Crime No.2073/2021 of Thiruvalla Police Station, which is pending as CC. No.4095/2021 on the file of Judicial First Class Magistrate Court, Thiruvalla. The offences alleged against the petitioners are under Sections 341, 323, 324, 342, 506(1) r/w 34 IPC.
2. The prosecution case is that on 02.02.2020 at about 03.00 p.m., the accused persons voluntarily caused hurt to the defacto complainant and when CW2 intervened, they wrongfully restrained CW2 and voluntarily caused hurt and intimidated them and thereby they are alleged to have committed the aforesaid offences.
3. According to the petitioners, the dispute has been settled with the defacto complainant/victims/respondent No.3 & 4 and all of them agreed to drop all further proceedings relating to the above dispute. Therefore, the petitioners prayed for quashing all further proceedings against them.
4. The Defacto complainant and victims filed affidavits endorsing the averments in the Criminal MC. According to them, the case 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 instruction from the investigating officer also submitted that the dispute has been settled between the parties and that the victims are not at all 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.
In the result, this Crl. M.C is allowed. All further proceedings against the petitioners in CC. No.4095/2021 on the file of Judicial First Class Magistrate Court, Thiruvalla arising from Crime No.2073/2021 of Thiruvalla Police Station, stands quashed under Section 528 of B.N.S.S.
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