2025:KER:22266 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 3RD DAY OF MARCH 2025/12TH PHALGUNA, 1946 CRL.MC NO. 828 OF 2025 CRIME NO.113/2021 OF CHERUPUZHA POLICE STATION, KANNUR AGAINST THE ORDER/JUDGMENT IN CC NO.873 OF 2022 OF ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT, PAYYANNUR PETITIONERS/ACCUSED NO.1 & 2: 1 SONY P J, AGED 45 YEARS, S/O. JOSEPH, PULIKKA KUNNEL (H), KAKKENCHAL, VAYYAKKARA, CHERUPUZHA, KANNUR DISTRICT, PIN - 670511 2 SUNIL, AGED 49 YEARS, S/O. JOSEPH, PUTHANPURAYIL (H), KAKKENCHAL, VAYYAKKARA, CHERUPUZHA, KANNUR DISTRICT, PIN - 670511 BY ADV ASHITHA RIA MERIN RESPONDENTS/STATE & COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 SHEBIN THOMAS, AGED 29 YEARS, S/O. THOMAS, KAIPPANANICKAL (H), KUNDAMTHADAM, PADIYOTTUCHAL P. O., VAYAKKARA, PAYYANUR, KANNUR, PIN - 670511 CRL.MC NO. 828 OF 2025 2 2025:KER:22266 3 SHINTO THOMAS, AGED 34 YEARS, S/O. THOMAS, KAIPPANANICKAL (H), KUNDAMTHADAM, PADIYOTTUCHAL P.O., VAYAKKARA, PAYYANUR, KANNUR, PIN - 670511 BY ADV P.K.SUBHASH SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 828 OF 2025 3 2025:KER:22266 ORDER Dated this the 3rd day of March, 2025 Petitioners are the accused in Crime No.113 of 2021 registered at the Cherupuzha Police Station for offences punishable under Sections 341, 323, 324, 506, 294(b), 308 and 427 read with Section 34 of the Indian Penal Code, now pending as S.C No.873 of 2022 on the files of the Assistant Sessions Court, Payyannur. 2. The crime was registered on the allegation that, on 15.06.2021, at about 18:00 hours, the accused, due to previous enmity, restrained, verbally abused and threatened the de facto complainant, and assaulted him and CW2 using an iron rod. It is further alleged that accused damaged the de facto complainant’s car, causing a loss of Rs.13,000/-. 3. Learned Counsel for the petitioners submitted that the dispute, which led to the incident and registration of the crime, is amicably settled and Annexures AII and AIII affidavits have been filed by CRL.MC NO. 828 OF 2025 4 2025:KER:22266 respondents 2 and 3 vouching this fact. 4. Learned Counsel for respondents 2 and 3 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, the contents of which are vouched to be true and voluntary by the Counsel for respondents 2 and 3, 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. CRL.MC NO. 828 OF 2025 5 2025:KER:22266 In the result, this Crl.M.C is allowed. Annexure AI final report in Crime No.113 of 2021 of Cherupuzha Police Station and all further proceedings in S.C No.873 of 2022 on the files of the Assistant Sessions Court, Payyannur, as against the petitioners, is quashed. Sd/- V.G.ARUN JUDGE ARK CRL.MC NO. 828 OF 2025 6 2025:KER:22266 APPENDIX OF CRL.MC 828/2025 PETITIONER ANNEXURES ANNEXURE AI TRUE COPY OF THE FINAL REPORT DATED 31.08.2022 IN CRIME NO.113/2021 OF CHERUPUZHA POLICE STATION, KANNUR DISTRICT ALONG WITH FIR, FIS AND READABLE COPY OF PAGE NO. 53 ANNEXURE AII TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE RESPONDENT NO. 2 ENDORSING THE FACTUM OF COMPOUNDING OF THE ABOVE SAID OFFENCES AND THE SETTLEMENT OF DISPUTES BETWEEN THE PARTIES DATED 30.06.2024 ANNEXURE AIII TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE RESPONDENT NO. 3 ENDORSING THE FACTUM OF COMPOUNDING OF THE ABOVE SAID OFFENCES AND THE SETTLEMENT OF DISPUTES BETWEEN THE PARTIES DATED 30.06.2024