(Prayer: This Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to call for Records in C.C.No.13 of 2023 on the file of the Learned Judicial Magistrate No.I, Poonamalle and Quash the same in the interest of Justice and pass such further or other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and thus render Justice.)

1. The prayer in this Criminal Original Pension is to quash the proceedings in C.C.No.13 of 2023 on the file of the learned Judicial Magistrate No.I, Poonamallee.

2. The gist of the allegations is that, in connection with a dispute between the parties, all the four accused persons were present at the place of occurrence, where they allegedly threatened the defacto complainant. It is further alleged that two of the accused assaulted the injured witness with an iron pipe. Consequently, the final report came to be filed against the accused.

3. The learned counsel for the petitioner, by drawing the attention of this Court to the evidence of P.W.1 and P.W.2, submitted that no specific allegation has been made against the petitioner so as to constitute any offence. According to the learned counsel, the allegation of assaulting the injured witness with an iron pipe has been made only against Accused Nos.1 and2, and no overt act has been attributed to the petitioner. It is further submitted that even with regard to the offence under Section 294(b) IPC, P.W.1 and P.W.2 have not made any specific allegation against the petitioner except making a general statement. Hence, it is contended that this Court should interfere and quash the proceedings as against the petitioner.

4. Alternatively, the learned counsel submitted that there is a likelihood of an amicable settlement between the parties and prayed that appropriate directions may be issued to facilitate medication.

5. As regards the first submission, this Court is of the view that the trial is already in progress. At this stage, it would not be appropriate for this Court, while exercising its jurisdiction under Section 482 of Cr.P.C, to undertake an appreciation of the evidence or determine the individual role played by each of the accused. Such matters are to be adjudicated by the trial Court on the basis of the evidence adduced during trial.

6. Insofar as the second submission regarding the possibility of settlement is concerned, considering the nature of the dispute and having regard to the principles laid down by the Hon’ble Supreme Court of India in Gian Singh -Vs- State of Punjab and Another (2012 10 SCC 303), this Court is of the view that an opportunity may be afforded to the parties to explore the possibility of an amicable settlement through mediation.

7. Accordingly, the learned Judicial Magistrate No.I, Poonamallee, is directed to refer the parties to the jurisdictional Mediation Centre. In the event of a successful settlement, it is open to either of the parties to approach this Court by filing an appropriate petition seeking quashing of the proceedings on the basis of such compromise.

8. In view of the above, this Criminal Original Petition is disposed of on the following terms:

                   (i) The prayer to quash the proceedings in C.C.No.13 of 2023 at this stage is declined. However, all the factual and legal contentions raised by the petitioner are left open to be urged before the trial Court.

                   (ii) The learned Judicial Magistrate No.I, Poonamallee, shall refer the parties to the jurisdictional Mediation Centre. In the event of a settlement being arrived at, it is open to either of the parties to approach this Court for appropriate orders, including quashing of the proceedings on the basis of the compromise.

9. Considering the hardship expressed by the petitioner, the personal appearance of the petitioner before the trial Court shall stand dispensed with, except on such hearing dates as the trial Court specifically directs or insists upon his personal presence.

Consequently, connected miscellaneous petitions are closed.