Evidence of settlement between parties and lack of objection support quashing criminal proceedings.

ORDER

Dated this the 30^th day of January, 2026 The petitioner, who is the 1^st accused in S.C.No.1111 of

2025 of the Special Court for SC/ST (POA), Act Cases, Manjeri, filed this Crl.M.C under Section 528 of the BNSS , 2023, praying for quashing all further proceedings against him. The offences alleged against the petitioner and the co-accused are under Sections 376D , 376(2)(n), 506 and 377 of the Indian Penal Code and various Sections of the SC/ST (POA) Act.

2. According to the learned Counsel for the petitioner, now the entire dispute between the petitioner and the de facto complainant has been settled. Therefore, he prayed for quashing all further proceedings against the petitioner.

3. The petition was opposed by the learned Public Prosecutor.

4. The de facto complainant/3^rd respondent has affidavit stating that the entire dispute between herself and the petitioner has been settled and that, she has no objection in quashing the proceedings against the petitioner. From Annexure A2 judgment, it can be seen that, when the de facto complainant was examined as PW2, she deposed that there was no incident in which she was raped. She also stated that she does not know the 2^nd accused, who was present in the dock. PW3, her husband also deposed that he has no direct knowledge about the incident. It was in the light of the above evidence of PWs 2 and 3, the learned Sessions Judge acquitted the 2^nd accused.

5. In the light of the above evidence of PWs 2 and 3, there is no meaning in continuing the proceedings against the petitioner also. Moreover, now the entire dispute between the petitioner and the de facto complainant has been settled and the de facto complainant/3^rd respondent stated that she does not want to proceed against the petitioner and as such, the Crl.M.C is liable to be allowed.

In the result, the Criminal Miscellaneous Case is allowed. All further proceedings in S.C.No.1111 of 2025 of the Special Court for SC/ST (POA), Act Cases, Manjeri, as against the petitioner, is quashed.

Sd/-