2025:KER:27904 CRL.MC NO. 543 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 CRL.MC NO. 543 OF 2025 CRIME NO.550/2020 OF CHERPU POLICE STATION, THRISSUR AGAINST THE ORDER/JUDGMENT IN CC NO.556 OF 2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,THRISSUR PETITIONER: DENNY JOSEPH , AGED 53 YEARS S/O. JOSEPH O.C, CHIRAMMAL OLLUKKARAN HOUSE, ERUMAPETTY P.O, KARIYANNUR, THRISSUR, PIN - 680584 BY ADV BOBY THOMAS RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER , CHERPU POLICE STATION, THRISSUR RURAL, PIN - 680561 3 V.S UNNIKRISHNAN, AGED 59 YEARS S/O. SANKARAN,VADAKKOOT HOUSE, PALAKKAL, PALISSERY P.O, THRISSUR, PIN - 680027 BY ADVS WINSTON K.V SRI. M.C. ASHI, PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:27904 CRL.MC NO. 543 OF 2025 2 ORDER Dated this the 28th day of March, 2025 The petitioner is the sole accused in Crime No.550 of 2020 registered at the Cherpu Police Station for the offence punishable under Section 120(o) of the Kerala Police Act, now pending as C.C.No.556 of 2020 on the files of the Judicial First Class Magistrate Court-I, Thrissur. 2. The crime was registered on the allegation that, on 01.01.2020 at about 00.10 a.m, the accused allegedly contacted the de facto complainant and thereafter sent him inappropriate messages, causing him mental agony. 3. Learned Counsel for the petitioner submitted that the dispute, which led to the incident and registration of the crime, is amicably settled and Annexure A2 affidavit has been filed by the 3rd respondent vouching this fact. 4. Learned Counsel for the 3rd respondent also submitted that the dispute is settled and his client has no grievance against the petitioner. 5. I heard the learned Public Prosecutor also. 2025:KER:27904 CRL.MC NO. 543 OF 2025 3 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 3rd 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 A1 final report in Crime No.550 of 2020 of Cherpu Police Station and all further proceedings in C.C.No.556 of 2020 on the files of the Judicial First Class Magistrate Court-I, Thrissur, as against the petitioner, is quashed. Sd/- V.G.ARUN, JUDGE SPV 2025:KER:27904 CRL.MC NO. 543 OF 2025 4 APPENDIX OF CRL.MC 543/2025 PETITIONER’S ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.550/2020 OF CHERPU POLICE STATION, THRISSUR DISTRICT WHICH IS PENDING AS C.C NO.556/2020 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, THRISSUR ANNEXURE A2 ORIGINAL AFFIDAVIT DATED 20.12.2024 SWORN IN BY THE 3RD RESPONDENT/DE FACTO COMPLAINANT RESPONDENTS’ ANNEXURES: NIL //TRUE COPY// PA TO JUDGE