The court can quash proceedings if criminal antecedents are lacking, despite allegations under non-compoundable offenses.

ORDER

Dated this the 30^th day of January, 2026 The accused persons, involved in C.C.No.532 of 2022 on the files of the Judicial First Class Magistrate Court-I, Ponnani, arising out of Crime No.285 of 2001 of Perumpadappu Police Station, field this Crl.M.C under Section 528 of the BNSS , 2023, praying for quashing all further proceedings against them. The offences alleged against the petitioners are under Sections 143 , 147, 148, 452, 323, 324 and 354 read with Section 149 of the Indian Penal Code .

2. The prosecution case is that, on 26.11.2021, at about 08:00 pm, the accused persons formed themselves into an unlawful assembly and trespassed into the residence of the de facto complainant, attacked and injured the de facto complainant and CWs 2 to 4 using wooden sticks.

3. According to the learned Counsel for the petitioners, now the entire dispute between the parties are settled and therefore, he prayed for quashing all further proceedings against the petitioners.

4. The petitioners also produced the affidavits of the de facto complainant as well as CWs to 2 to 4, in which they stated that the dispute with the petitioners was settled and that, they have no objection in quashing the proceedings against the petitioners.

5. The petition was strongly opposed by the learned Public Prosecutor, mainly on the ground that, there are serious criminal antecedents against the petitioners.

Therefore, she prayed for dismissing the Crl.M.C.

6. From the report submitted by the SHO, Perumpadappu Police Station, it is revealed that there is one more case against the 1^st accused, four against the 2^nd accused, three against the 3^rd accused, 2 against the 4^th accused, 3 against the 5^th accused, 2 against the 6^th accused, 7 against the 7^th accused and one against the 9^th accused. As per the above report, there is no criminal antecedents against accused persons 8 and 10 alone. Since there are more criminal cases against accused Nos.2 to 7, and the offences involved in this case includes those under Sections 452 and 354 of the Indian Penal Code , which are non-compoundable, I am not inclined to quash the proceedings against them. At the same time, since there is no criminal antecedents against accused Nos.8 and 10, I am inclined to allow the Crl.M.C as against them.

7. As against petitioners No.1 and 9, there is only one more case each, which are less serious in nature. Hence, I am inclined to allow this Crl.M.C as against petitioners 1 and

9 also.

In the result, the Crl.M.C. is allowed in part. All further proceedings in C.C.No.532 of 2022 on the files of the Judicial First Class Magistrate Court-I, Ponnani, as against petitioners No.1, 8, 9 and 10, is quashed. The prayer for quashing further proceedings against petitioners No.2 to 7 is dismissed. Since the case is of the year 2001, there will be a direction to the learned Magistrate to dispose of the same at the earliest, at any rate within a period of six months from the date of receipt of a copy of this order.

Sd/-