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Judgment
Petitioners are the accused in Crime No.1261 of 2020 registered at the Mala Police Station for offences punishable under Sections 420, 406 and
468 r/w 34 of IPC. The de facto complainant, at whose instance the crime was registered, is arrayed as the 2nd respondent. Annexure II affidavit has
been filed by the 2nd respondent stating that the dispute which led to registration of the crime, has been settled amicably and he has no subsisting
grievance in the matter.
Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioners have no criminal antecedents. It is also submitted that
based on the settlement, further action in the crime has been dropped and report to that effect filed before the jurisdictional court.
Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by the 2nd respondent, the
contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and that no public interest is involved in this matter.
Moreover, in view of the settlement, possibility of the criminal proceedings ending in conviction is remote. 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
sought.
In the result, this Crl.M.C is allowed. Annexure I FIR and all proceedings in Crime No.1261 of 2020 registered at the Mala Police Station is quashed.