Continuance of serious allegations becomes unjust when dispute is settled and essential witness recants, warranting quashing of proceedings.

O R D E R Dated this the 27^th day of February, 2026 The accused in CC. No.1670/2019 on the file of the Judicial First Class Magistrate Court, Kunnamkulam, arising out of Crime No.849/2019 of Kunnamkulam Police Station, filed this petition under Section 482 of Cr.PC, praying for quashing all further proceedings against him. The offences alleged against the petitioner are under Sections 326 of IPC and

75 of Juvenile Justice (Care and Protection) Act.

2. The prosecution case is that on 18.4.2019 at about 2 p.m., the accused, who is the father of a six months old son, caused grievous hurt to the child by throwing the child on the floor at his residence.

3. According to the learned counsel for the petitioner, this is a false case foisted against the petitioner due to a matrimonial dispute between himself and his wife. Moreover, according to the learned counsel, now the dispute has been settled between the petitioner and the defacto complainant/mother of the child. Therefore, she prayed for quashing all further proceedings against the petitioner.

4. The defacto complainant filed an affidavit stating that now the entire dispute between the parties has been settled and therefore, she has no objection in quashing the proceedings against the petitioner.

5. The petition was opposed by the learned Public prosecutor. The Learned Public prosecutor submitted that there are five other cases against the petitioner including one under the NDPS Act. However, upon instructions, she submitted that the defacto complainant had given a signed statement to the SHO stating that the child fell down from the cradle and sustained injuries and not as alleged by the prosecution. Moreover, she stated that now, the petitioner is looking after herself and the two children including the victim here. She also claims that now they are living happily.

6. The offence alleged against the petitioner is very serious in nature, as he has caused grievous hurt to his six months old child. There is no other witness to the incident except his wife, namely the defacto complainant. Now she states that the child fell down on the floor from the cradle and sustained injuries. Moreover, now the dispute between the parties have been settled. In the above circumstances, no useful purpose will be served in continuing the proceedings against the petitioner, as the same will only be an abuse of the process of the court. Therefore, though there are criminal antecedents against the petitioner, I am inclined to allow this petition.

7. In the result, this Crl.M.C. is allowed. All further proceedings against the petitioners in CC.No.1670/2019 on the file of the Judicial First Class Magistrate Court, Kunnamkulam, arising out of Crime No.849/2019 of Kunnamkulam Police Station, Thrissur, is quashed.

Sd/-