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Judgment
Petitioners are the accused in Crime No.742/2020 registered at the Thumba Police Station for offences punishable under Sections 452, 427, 323,
324 and 294(b) r/w 34 of IPC. The de facto complainant and the other persons injured are arrayed as respondents 2 to 4. Annexures-A2 to a5
affidavits have been filed by the said respondents stating that the dispute, which was the reason for the incident and registration of the crime, has been
resolved amicably and they have no subsisting grievance against the petitioners.
Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioners have no criminal antecedents and as against Accused
No.1, crime has been registered in the year 2020, but the offence alleged is one punishable under Section 323 and offence alleged are under Sections
323 and 324.
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 no public interest is involved in this matter. Even
though, the first accused is alleged to be involved in a crime, considering the fact that the offences are under Sections 323 and 324, the prayer for
quashing the proceedings is allowed. 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- A1 FIR and the proceedings in Crime No.742/2020 registered at the Thumba Police Station is
quashed.