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Judgment
19 paragraphs · 368 wordsM.R.Anitha, J
This Crl.M.C. has been filed by the petitioners seeking to quash the entire further proceedings against the petitioners/accused Nos.1 to 5 in crime
No.191/2013 of Kalpakanchery police station registered for the offence punishable under Sections 143, 147, 148, 341, 323, 326 and 506(1) read with
Section 149 of the Indian Penal Code.
It is alleged that the petitioners/accused Nos.1 to 5 in furtherance of their common object formed themselves into an unlawful assembly and rioted
with deadly weapons on 11.04.2013 at 11 am at Puthanathani â€" Cheloor road assaulted the minor son of the defacto complainant with iron rod and
hands, resulting in grevous injuries to him and intimidated him and thereby accused persons committed the offence aforementioned.
The pettioners settled the entire issues with the defacto complainant/second respondent as well as the injured/third respondent. Adv.Ajoy Venu
appeared on behalf of the defacto complainant and reports about the settlement arrived at between the parties.
The learned Public Prosecutor produced copy of the report of the SHO along with copy of the signed statement of respodent Nos.2 and 3.
It has come out from the affidavit as well as the statements of the defacto complainant and the other injured that parties have amicably settled the
entire issues out of court with the intervention of local mediators. The entire issues between the parties are purely private in nature and no public
interest is involved. Respondents 2 and 3 do not want to prosecute the matter further against the petitioners.
Since the parties have amicably settled the entire issues, continuation of the proceedings against the petitioners would be an abuse of process of
court. In such cases, this Court can exercise the inherent powers to quash the proceedings. (See Gian Singh v.State of Punjab and Another (2012 (10)
SCC 303 : 2012 KHC 4530; Madam Mohan Abhot v. State of Punjab 2008 (3) KLT 19 [SC] and Narinder Singh & Ors. v. State of Punjab & Anr.
(2014(4) SCALE 195 : ILR 2014 (2) Ker.85 : 2014 KHC 4195)).
In the result, this Crl.M.C. stands allowed and all further proceedings against the petitioners in crime No.191/2013 of Kalpakanchery police station, is
hereby quashed.