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Judgment
8 paragraphs · 329 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 and 2 in Crime No.1165/2024 of the Punalur Police Station, Kollam. The offences alleged against the petitioners are punishable under Sections 296(b), 115(2), 117(2), 351(2), and Section 3(5) of the Bharatiya Nyaya Sanhita (‘BNS’ for short)
The prosecution case is that on 23.08.2024, at around 12:30 p.m., the accused, due to their previous animosity towards the defacto complainant, wrongfully restrained him, abused him in filthy language, and caused grievous hurt to him.
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.
The defacto complainant/ second respondent has filed an affidavit endorsing the averments in the Criminal MC. According to him, the case has been amicably settled and he does not intend to proceed with the case, and also that further proceedings in the case can be quashed. He has no further grievance against the petitioners.
Learned Public Prosecutor also endorsed the above submission of the petitioners. Second respondent 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 his affidavit.
Considering the fact that the offences under sections 296(b), 115(2), 117(2), 351(2), and Section 3(5) of the BNS 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 Crime No.1165/2024 of Punalur Police Station, Kollam, are quashed.