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Judgment
8 paragraphs · 386 wordsC. Pratheep Kumar, J
This is a petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (‘BNSS’ for short) 2023, by the accused 1 to 5 in Crime No. 182/2019 of Tirur Police Station, Malappuram, which is pending as CC. No.444/2019 on the file of the Judicial First Class Magistrate Court, Tirur. The offences alleged against the petitioners are punishable under Sections 341, 323, 324, 294(b), and 506(ii) r/w Section 149 of the Indian Penal Code.
The prosecution case is that, on 11.02.2019, at about 10:00 a.m, the accused persons had formed themselves into an unlawful assembly, trespassed into the residence of the defacto complainant, voluntarily caused hurt to her, and also intimidated her to do away with her life. Thus, the accused have committed the above offences.
According to the petitioners, the dispute has been settled with the defacto complainant/the second respondent. Both parties agreed to drop all further proceedings relating to the above dispute. Therefore, they prayed for quashing all further proceedings in Annexure-1 FIR and Annexure -2 Final Report.
The defacto complainant/ the second respondent has filed an affidavit endorsing the averments in the Criminal MC. According to her, the case has been amicably settled and that she does not intend to proceed with the case, and also that further proceedings in the case can be quashed. She has no further grievance against the petitioners.
Learned Public Prosecutor also endorsed the above submission of the petitioners. The second respondent has also filed a report stating that the dispute has been settled between the parties, and hence further proceedings in the case can be quashed. A signed statement of the defacto complainant has also been filed, which substantiates the averments in her affidavit.
Considering the fact that the offences under sections 341, 323, 324, 294(b) and 506(ii) r/w Section 149 of the Indian Penal Code involved in this case are not heinous and very serious in nature, and the dispute has been settled between the petitioners and defacto complainant, this is a fit case in which further proceedings can be quashed.
In the result, This Crl. M.C is allowed. All further proceedings in CC. No.444/2019 on the file of Judicial First Class Magistrate Court, Tirur arising from Crime No.182/2019 of the Tirur Police Station, is quashed.