Gokul Raj And Ors vs Deepak And Ors

This petition is filed under Sec. 482 of the Cr.P.C. to quash the entire proceedings in C.C.No.1309 of 2017 on the file of the Judicial First Class

Magistrate Court â€" I, Kanjirapilly. The above case is registered against the petitioners and another alleging offences punishable under Sections 323,

324, 294(b) r/w 34 of the IPC.

When this matter came up for consideration, the learned counsel for the petitioners submitted that the entire disputes between the petitioners and

the 1st respondent are settled out of court. Annexure-A2 is the signed affidavit filed by the 1st respondent. A counsel also appeared for the 1st

respondent. The counsel submitted that the matter is settled. The Public Prosecutor also submitted that the matter is settled. In the light of the above

facts, there is no purpose in continuing this criminal prosecution against the petitioners.

Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by the respondent No. 1 the

contents of which are submitted to be true and voluntary, I am satisfied that the matter has been amicably settled and that no public interest is involved

in this matter. Moreover, in view of the settlement arrived at between the parties, there is no possibility of the criminal proceedings ending in

conviction. As such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the

Honourable Supreme Court in Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] and Gian Singh v. State of Punjab and another [(2012) 10

SCC 303], there is no impediment in granting the relief.

Hence, this Crl.M.C. is allowed. All further proceedings in C.C. No.1309 of 2017 on the file of the Judicial First Class Magistrate Court â€" I,

Kanjirapilly are quashed.