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Judgment
20 paragraphs · 390 wordsN.Anil Kumar, J
This Crl.M.C. has been filed by the petitioners/accused seeking to quash Annexure-A1 First Information Report and all further proceedings in
Crime No.69 of 2021 of Chokli Police Station, Kannur District. The aforesaid crime was registered alleging commission of offences punishable under
Sections 143, 147, 148, 341, 323, 324, 326, 308, 506 read with Section 149 of the IPC.
I have heard the learned counsel appearing for the respective parties and the learned Public Prosecutor appearing for the first respondent.
The prosecution allegation is that on 23.2.2021 at about 8.45 am., the accused 1 to 5 formed themselves into an unlawful assembly armed with
deadly weapons for the purpose of rioting and in furtherance of their common object wrongfully restrained the defacto complainant, threatened him
and inflicted serious injuries and thereby attempted to commit culpable homicide on him.
During the pendency of the case, all the disputes between the petitioners and de facto complainant were amicably settled out of court. The de facto
complainant filed an affidavit before this Court stating that the entire matter is settled between the parties in the presence of mediators. The de facto
complainant, who is the 2nd respondent herein, has no subsisting grievance against the petitioners. The 2nd respondent has no objection in quashing the
proceedings as the matter is settled between the parties.
The offences involved in this case are purely personal in nature. In such a case, this Court is of the view that a settlement between the parties
would lead to a better relationship between them and would resolve a private dispute. To secure the ends of justice, it is appropriate that the criminal
proceedings are put to an end to in the light of the settlement and in the light of the principles laid down by the Hon'ble Supreme Court in Gian Singh v.
State of Punjab [(2012)10 SCC 303], Narinder Singh and others v. State of Punjab and another [(2014)6 SCC 466], Parbatbhai Aahir @ Parbatbhai
Bhimsinhbhai Karmur and others v. State of Gujarat and another [(2017)9 SCC 641] State of M.P. v. Laxmi Narayan and others [(2019)5 SCC 688].
In the result, this Crl.M.C. is allowed. Annexure A1 First Information Report and all further proceedings in Crime No.69/2021 of the Chokli Police
Station stand quashed. This Crl.M.C. is allowed accordingly.
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