2025:KER:23827 Crl.MC No.666 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 20TH DAY OF MARCH 2025/29TH PHALGUNA, 1946 CRL.MC NO.666 OF 2025 CRIME NO.488/2018 OF MANJESWAR POLICE STATION, KASARGOD AGAINST THE ORDER/JUDGMENT DATED IN CC NO.203 OF 2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KASARAGOD PETITIONERS/ACCUSED NOS.1 TO 8 1 KIRANRAJ, AGED 29 YEARS, S/O BABU MOOLYA, MORATHANA, KADANBAR, MANJESHWAR, KASARAGOD, PIN - 671323 2 SUDHEESH K., AGED 28 YEARS, S/O BHASKAR, KALIYOOR, KOLIYOOR VILLAGE, MANJESHWAR, KASARAGOD, PIN - 671323 3 DHEERAJ T., AGED 26 YEARS, S/O ANANDA, THACHIREPADAVU, PAVOOR, MANJESHWAR, KASARAGOD, PIN - 671323 4 SHOBITH, AGED 29 YEARS, S/O VISWANATH, ARIMALA, MORATHANA, KADAMBAR, MANJESWARAM, KASARAGOD, PIN - 671323 5 SAJITH T., AGED 39 YEARS, S/O NARAYANA, KALLAJE, PAVOOR, MANJESHWAR, KASARAGOD, PIN - 671323 2025:KER:23827 Crl.MC No.666 of 2025 2 6 BHARATHRAJ, AGED 27 YEARS, S/O VISHWANATHA, THACHIRE PADAVU, PAVOOR, MANJESHWAR, KASARAGOD, PIN - 671323 7 KEERTHAN, AGED 27 YEARS, S/O BABU MOOLYA, ARIMALA, MORTHANA, KADAMBAR, MANJESHWAR, KASARAGOD, PIN - 671323 8 VIJESHKUMAR, AGED 29 YEARS, S/O CHANDAPPA, THACHAREPADAVU, PAVOOR, MANJESHWAR, KASARAGOD, PIN - 671323 BY ADVS. A.ARUNKUMAR S.SHYAM KUMAR SACHIN GEORGE ARAMBAN NESILI NAZEER RESPONDENTS/STATE & DEFACTO COMPLAINANT 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 D. BOOBA, AGED 56 YEARS, S/O MANCHANNA, PAYYA HOUSE, PAVOOR, MANJESHWAR, MANJESHWAR TALUK,KASARAGOD, PIN - 671323 3 HARINAKSHI, AGED 55 YEARS, W/O.D.BOOBA,POYYA HOUSE, PAVOOR, MANJESHWAR, MANJESHWAR TALUK, KASARAGOD, PIN - 671323 4 AKSHAY KUMAR, AGED 30 YEARS, S/O D.BOOBA, POYYA HOUSE,PAVOOR, MANJESHWAR, MANJESHWAR TALUK, KASARAGOD, PIN - 671323 2025:KER:23827 Crl.MC No.666 of 2025 3 5 NAVEEN KUMAR, AGED 39 YEARS S/O VITTALA POOJARY,THACHIRE HOUSE,PAVOOR VILLAGE, MANJESHWAR TALUK, KASARAGOD, PIN - 671323 6 NITHIN, AGED 24 YEARS, S/O CHENNAPPA, THACHIRE HOUSE,PAVOOR VILLAGE, PAVOOR, MANJESHWAR TALUK, KASARAGOD, PIN - 671323 7 CHARANRAJ, AGED 28 YEARS, S/O VENKAPPA POOJARY, NEKKALA HOUSE, PAVOOR VILLAGE, PAVOOR, MANJESHWAR TALUK, KASARAGOD, PIN - 671323 8 MAHESH, AGED 38 YEARS, S/O NAGESH, POYYA HOUSE,PAVOOR VILLAGE, MANJESHWAR TALUK, KASARAGOD, PIN - 671323 9 DEEKSHITH, AGED 24 YEARS, S/O ANNU POOJARY, TACHIRE HOUSE, PAVOOR VILLAGE, PAVOOR, MANJESHWAR TALUK, KASARAGOD, PIN - 671323 BY ADV VIPIN T JOSE SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:23827 Crl.MC No.666 of 2025 4 ORDER Dated this the 20th day of March, 2025 Petitioners are accused Nos.1 to 8 in Crime No.488 of 2018 registered at the Manjeswar Police Station, for offences punishable under Sections 143, 147, 148, 341, 323, 324, 506 and 452 r/w Section 149 of IPC, now pending as C.C. No.203 of 2019 on the files of the Judicial First Class Magistrate Court-II, Kasaragod. 2. The crime is registered on the allegation that at about 19:15 hours on 07.10.2018, at Poyya in Pavoor village, due to political rivalry, the accused, trespassed into the house of the de facto complainant and wrongfully restrained the de facto complainant and CWs 2 to 8, threatened to kill them and assaulted them with a wooden stick, thereby causing injuries. 3. Learned Counsel for the petitioners submitted that the dispute, which led to the incident and registration of the crime, is amicably settled between the parties and Annexures AIII to AX affidavits have been filed by respondents 2 to 9, vouching this fact. 2025:KER:23827 Crl.MC No.666 of 2025 5 4. Learned Counsel for respondents 2 to 9 also submitted that the dispute is settled and his clients have no grievance against the petitioners. 5. I heard the learned Public Prosecutor also. 6. Having considered the gravity of the offences alleged and having perused the affidavits, contents of which are vouched to be true and voluntary by the Counsel for respondents 2 to 9, 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. 2025:KER:23827 Crl.MC No.666 of 2025 6 In the result, this Crl.M.C is allowed. Annexure AII final report and all further proceedings in Crime No.488 of 2018 registered at the Manjeswar Police Station, now pending as C.C. No.203 of 2019 on the files of the Judicial First Class Magistrate Court-II, Kasaragod, as against the petitioners, is quashed. Sd/- V.G.ARUN JUDGE Cak 2025:KER:23827 Crl.MC No.666 of 2025 7 APPENDIX OF CRL.MC 666/2025 PETITIONER ANNEXURES ANNEXURE AI A TRUE COPY OF THE F.I.R IN CRIME NO. 488 OF 2018 OF MANJESWAR POLICE STATION, KASARAGOD ANNEXURE AII CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 488 OF 2018 OF MANJESWAR POLICE STATION, KASARAGOD ANNEXURE AIII THE AFFIDAVITS SWORN TO BY THE RESPONDENT NO. 2 DATED 04/01/2025 ANNEXURE AIV THE AFFIDAVITS SWORN TO BY THE RESPONDENT NO.3 DATED 04/01/2025 ANNEXURE AV THE AFFIDAVITS SWORN TO BY THE RESPONDENT NO.4 DATED 04/01/2025 ANNEXURE VI THE AFFIDAVITS SWORN TO BY THE RESPONDENT NO.5 DATED 04/01/2025 ANNEXURE VII THE AFFIDAVITS SWORN TO BY THE RESPONDENT NO. 6 DATED 04/01/2025 ANNEXURE VIII THE AFFIDAVITS SWORN TO BY THE RESPONDENT NO. 7 DATED 04/01/2025 ANNEXURE IX THE AFFIDAVITS SWORN TO BY THE RESPONDENT NO. 8 DATED 04/01/2025 ANNEXURE X THE AFFIDAVITS SWORN TO BY THE RESPONDENT NO. 9 DATED 04/01/2025