MEERASAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners are sought to be prosecuted for the offences punishable under Ss. 323, 324, 307, 504, 506 R/w Sec. 34 of IPC alleging that, on 16/1/2022, the petitioners by forming an unlawful assembly, assaulted respondent No.2 and abused him in filthy language. The order passed by the learned Magistrate taking cognizance of the aforesaid offences is impugned in this petition.

(2.) Parties are present before this Court and have filed an application-I.A.1/2023 under Sec. 482 of Cr.P.C., stating that the parties have amicably settled the dispute and respondent No.2 has no objection for quashing the impugned proceedings. The application is placed on record.

(3.) Though the offences alleged are cognizable and non- compoundable, however, having regard to the fact that the parties have amicably settled the dispute among themselves, it would be a futile exercise, if the petitioners are subjected to trial, since the probability of their conviction is remote and bleak in view of the settlement. Hence, the continuation of the criminal proceedings will be an abuse of process of law. Accordingly, I pass the following: