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Judgment
5 paragraphs · 267 wordsP.V.Kunhikrishnan, J
The petitioners are the accused in C.C No. 378/2020 on the files of the temporary Judicial First Class Magistrate Court-III, Attingal. The above case is charge sheeted against the petitioners alleging offence punishable under Sections 341, 294(b), 323, 324, r/w Section 34 of the Indian Penal Code. The petitioners are accused no. 1 to 4.
2.When this case came up for consideration, the learned counsel for the petitioners submitted that the entire dispute between the petitioners and the victims in this case are settled out of court. The learned counsel appeared for respondents 2 to 4, who are the victims in this case submitted that the matter is settled. The Public Prosecutor after getting instructions submitted that the matter is settled. In the light of the same the proceedings can be quashed.
3.Going through the materials available on record, it is discernible that, the dispute is basically private in nature and on account of settlement arrived at between the parties, no purpose would be served if the proceedings against the petitioner herein were allowed to continue. In such circumstances, the chances of a successful prosecution are very bleak. Therefore, I am of the view that going by the decision in Gian Singh v. State of Punjab and Another [2012(4) KLT 108], this is a fit case in which the powers of this Court under Section 482 of the Code of Criminal Procedure can be invoked.
Hence this Criminal Miscellaneous case is allowed. All further proceedings in C.C No. 378/2020 on the files of the temporary Judicial First Class Magistrate Court -III, Attingal is quashed.