Kerala HC Quashes IPC 409, 420 Proceedings Against 3 Accused After Complainant Settles the Dispute

The petitioners, arrayed as accused Nos. 1, 2 and 4, sought to quash the FIR, final report and further proceedings in C.C. No. 1085/2016, arising from Crime No. 1333/2016 of North Paravur Police Station.

The allegations concerned offences under Sections 409, 420 and 34 of the Indian Penal Code.

The petitioners invoked Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

The de facto complainant filed an affidavit stating that the dispute had been amicably settled and that he did not wish to proceed; the Public Prosecutor confirmed the settlement and that the complainant’s statement had been recorded

The petition was brought under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of the criminal proceedings

The alleged offences were under Sections 409, 420 and 34 IPC

The Court treated the amicable settlement and the de facto complainant’s decision not to pursue the matter as grounds to exercise its quashing jurisdiction in the interests of justice.

The order cites no precedent or further legal test.

The de facto complainant had affirmed the settlement and stated that he had no intention to proceed, while the Public Prosecutor confirmed the settlement and the recording of the complainant’s statement

In light of those circumstances, the Court found no reason to refuse quashing and considered it appropriate to facilitate peaceful relations between the parties.