This Criminal Miscellaneous Case is filed by the accused 1 and 2 in C.C.No.122/2011 on the file of the Judicial First Class Magistrate Court-I, Mavelikkara to quash the proceedings on account of the settlement under Section 482 of the Code of Criminal Procedure. 2. It is alleged in the petition that the petitioners were shown as accused 1 and 2 in C.C.No.122/2011 of the Judicial First Class Magistrate Court-I, Mavelikara. It was originated on the basis of a case registered as Crime No.31/2011 of Kurathikadu police station on the basis of the statement given by the second respondent as de facto complainant against the petitioners alleging offences under Sections 447, 324 and 323 read with Section 34 of the Indian Penal Code. After investigation, final report was filed and it was taken on file as C.C.122/2011 and it is pending before the Judicial First Class Magistrate Court-I, Mavelikkara. In fact, the incident occurred in connection with a dispute regarding a pathway and matter has been now settled between the parties amicably and the de facto complainant does not want to prosecute the case now in view of the settlement. Since some of the offences are non compoundable in nature, they could not file application before the court below for compounding. In view of the settlement, no purpose will be served in continuing with the prosecution as well. So the petitioners have no other remedy except to approach this Court seeking the following relief:
a. To quash the proceedings against the petitioners in C.C.No.122/2011 of the Judicial First Class Magistrate Court-I, Mavelikkara.
b. Pass such other orders and to issue such other directions which are deemed fit and expedient considering the facts and circumstances of the case.
3. The second respondent appeared through counsel and submitted that the incident occurred in respect of a dispute regarding a pathway and the since the dispute regarding the pathway has been settled between the parties on account of the intervention of mediators and well wishers of both the parties, he does not want to prosecute the case. He had filed Annexure- A2 affidavit stating these facts.
4. The counsel for the petitioners submitted that in view of the settlement, no conviction is possible and he prayed for allowing the application.
5. The learned Public Prosecutor, on instructions, as directed by this Court, submitted that except this case, there is no other case, but opposed the application.
6. It is an admitted fact that a crime was registered as Crime No.31/2011 of Kurathikadu police on the basis of the statement given by the second respondent against the petitioners alleging offences under Sections 447, 323 and 324 read with Section 34 of the Indian Penal Code and after investigation, Annexure-A1 final report was filed and it was taken on file as C.C.No.122/2011 and pending before the Judicial First Class Magistrate Court-I, Mavelikkara. It is also an admitted fact that the incident occurred due to some dispute regarding the pathway as is clear from the allegations in Annexure-A1 final report. Now the mater has been settled between the parties due to intervention of well wishers of both the parties. The dispute regarding the path way is also resolved on account of the settlement which is the basic cause for the registration of the crime. In view of the settlement, there is no possibility of conviction also. Further, on account of the settlement, the relationship between the petitioners and the second respondent, who are neighbours has been restored as well.
7. Further in the decision reported in Gian Singh v. State of Punjab (2012 (4) KLT 108 (SC), the Hon'ble Supreme Court has held that if it is a matter of property dispute which resulted in registration of crime and filing of final report and if the parties have amicably settled the entire issue regarding property dispute and restored their relationship on account of the settlement, this Court must always give effect to such settlement and quash the proceedings invoking the power under Section 482 of the Code to give effect to the settlement and restoration of harmony between the neighbours.
So, the application is allowed and further proceedings in C.C.No.122/2011 (Crime No.31/2011 of Kurathikadu police station) of the Judicial First Class Magistrate Court-I, Mavelikkara as against the petitioners is quashed.
Office is directed to communicate this order to the concerned court immediately for necessary further action.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl /true copy/ P.S to Judge