2025:KER:19868 CRL.MC NO. 440 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 10TH DAY OF MARCH 2025 / 19TH PHALGUNA, 1946 CRL.MC NO. 440 OF 2025 CRIME NO.133/2024 OF AMBALATHARA POLICE STATION, KASARGOD AGAINST THE ORDER/JUDGMENT IN CC NO.1035 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,HOSDRUG PETITIONERS: 1 NITHIN. P.V, AGED 36 YEARS S/O. THAMBAN.P.V, PERATTOOR HOUSE, ERALAL, THAYANNOOR VILLAGE, KASARAGOD DISTRICT, PIN - 671531 2 SANOOP P.V, AGED 28 YEARS S/O. CHANDRAN.P. NELLIYADUKKAM HOUSE, KATTIPPOYIL, KINANOOR VILLAGE, KASARAGOD DISTRICT, PIN - 671533 BY ADVS. HEMALATHA BINU GEORGE AVANI P.S. RESPONDENT S : 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 UNNIKRISHANAN.V, AGED 42 YEARS 2025:KER:19868 CRL.MC NO. 440 OF 2025 2 S/O. CHANDUNHI.P, PANAKKOOL HOUSE, NELLIYADUKKAM, KINANOOR VILLAGE, KASARAGOD DISTRICT, PIN - 671533 BY ADVS KRISHNA KUMAR G.S. SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:19868 CRL.MC NO. 440 OF 2025 3 ORDER Dated this the 10th day of March, 2025 The petitioners are accused Nos.1 and 2 in Crime No.133 of 2024 registered at the Ambalathara Police Station for offences punishable under Sections 341, 323, 324, 506 and 34 of the Indian Penal Code, now pending as C.C.No.1035 of 2024 on the files of the Judicial First Class Magistrate Court-I, Hosdurg. 2. The crime was registered on the allegation that, on 07.04.2024, at 01:00 hours, in Mundyannam, accused wrongfully restrained the de facto complainant and pushed him down. It is further alleged that the accused assaulted the de facto complainant with their hands and a stone and threatened him. 3. Learned Counsel for the petitioners submitted that the dispute, which led to the incident and registration of the crime, is amicably settled and Annexure A6 affidavit has been filed by the 2nd respondent vouching this fact. 4. Learned Counsel for the 2nd respondent also submitted that the dispute is settled and his client has no grievance against the petitioners. 5. I heard the learned Public Prosecutor also. 2025:KER:19868 CRL.MC NO. 440 OF 2025 4 6. Having considered the gravity of the offences alleged and having perused the affidavit, the contents of which are vouched to be true and voluntary by the Counsel for the 2nd respondent, I am satisfied that no public interest is involved in this matter and the dispute has been settled amicably. In view of the settlement, there is no possibility of the criminal proceedings ending in conviction. 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. In the result, this Crl.M.C is allowed. Annexure A2 final report in Crime No.133 of 2024 of Ambalathara Police Station and all further proceedings in C.C.No.1035 of 2024 on the files of the Judicial First Class Magistrate Court-I, Hosdurg, as against the petitioners, is quashed. Sd/- V.G.ARUN, JUDGE SPV 2025:KER:19868 CRL.MC NO. 440 OF 2025 5 APPENDIX OF CRL.MC 440/2025 PETITIONERS’ ANNEXURES ANNEXURE1 A TRUE COPY OF THE FIR IN CRIME NO.133/2024 OF AMBALATHARA POLICE STATION ANNEXURE A2 A TRUE COPY OF THE FINAL REPORT IN CRIME NO.133/2024 OF AMBALATHARA POLICE STATION ANNEXURE A3 A TRUE COPY OF MEMO OF EVIDENCE IN CRIME NO. 133/2024 OF AMBALATHA POLICE STATION ANNEXURE A4 A TRUE COPY OF STATEMENT OF WITNESSES IN CRIME NO. 133/2024 OF AMBALATHA POLICE STATION ANNEXURE A5 A TRUE COPY OF WOUND CERTIFICATE DATED 07.04.2024 ISSUED BY KARUNYA MEDICAL CENTRE, PARAPPA ANNEXURE A6 AFFIDAVIT DATED 08.01.2025 SWORN BY THE 2ND RESPONDENT PETITIONERS’ ANNEXURES: NIL //TRUE COPY// PA TO JUDGE