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Judgment
10 paragraphs · 343 wordsBechu Kurian Thomas, J.
Petitioners have invoked the jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash all proceedings against them.
Petitioners are accused Nos. 1 and 2 in Crime No.1092/2024 of Kottayam West Police Station, registered for the offences under Sections 294(b), 324 and 326 r/w Section 34 of the Indian Penal Code, 1860. Third respondent is the defacto complainant.
According to the prosecution, the accused had, on 22.06.2024, assaulted the defacto complainant after abusing him and inflicted grievous injuries, and thereby committed the offences alleged.
Heard the learned counsel for the petitioners and the learned counsel for the respondent, apart from the learned Public Prosecutor.
The learned counsel for the petitioners submitted that the matter has been settled and hence the proceedings against the petitioners ought to be quashed. It was also submitted that, considering the nature of offences alleged, no purpose would be served by continuing the proceedings.
In Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303], the Apex Court has held that in appropriate cases, the High Court can take note of the amicable resolution of disputes between the victim and the wrongdoer to put an end to the criminal proceedings. This view was reiterated in Narinder Singh and Others v. State of Punjab and Another [(2014) 6 SCC 466] and Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653].
I have perused Annexure-B affidavit filed by the third respondent. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavit is genuine, and the defacto complainant stands by the contents thereof. I am satisfied that the matter has been settled and no public interest is involved in this case. There is no impediment for granting the prayer for quashing. The continuance of the proceedings will only be an exercise in futility.
Accordingly, all proceedings against the petitioners in Crime No.1092/2024 of Kottayam West Police Station, are quashed.
This Crl.M.C is allowed as above.