2025:KER:24367 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. 716 OF 2025 CRIME NO.115/2007 OF KAZHAKKUTTOM POLICE STATION, THIRUVANANTHAPURAM AGAINST THE ORDER/JUDGMENT DATED IN LP NO.23 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,ATTINGAL PETITIONER/S: 1 NOUSHAD RAHUMAN, AGED 38 YEARS S/O ALILU RAHUMAN, MUTTATHARA VILLAGE, BHEEMAPALLY TC 43/369 HS, BHEEMAPALLY, NEAR POLICE STATION, THIRUVANANTHAPURAM, PIN - 695008 2 AL AMEEN, AGED 38 YEARS S/O MUHAMMAD ISMAIL MUTTATHARA VILLAGE, BHEEMAPALLY WARD BHEEMAPALLY TC 42/212 HOUSE, THIRUVANANTHAPURAM, PIN - 695008 3 SHAFEER, AGED 38 YEARS S/O ABDUL RASHEED, MUTTATHARA VILLAGE BHEEMAPALLY WARD BHEEMAPALI TC 45/1018 NO. HOUSE, THIRUVANANTHAPURAM, PIN - 695008 BY ADVS. S.K.ADHITHYAN SHAHINA NOUSHAD REUBEN CHARLY RESPONDENT/S: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 Crl.M.C. No.716 of 2025 2025:KER:24367 2 2 INDRAJITH V.S., AGED 36 YEARS, S/O B VIJAYAN, GREESHMALAYAM,PANGA, ARUVIKKARA P.O, THIRUVANANTHAPURAM, PIN - 695564 3 VISHNU V.G., AGED 37 YEARS, S/O VIJAYAN, TC 16/833, MEMANA HOUSE, JAGATHY, SKNRA 13, JAGATHY HIGH SCHOOL, THYKADU P.O., THIRUVANANTHAPURAM, PIN - 695014 BY ADV CHRISTY THOMAS OTHER PRESENT: 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: Crl.M.C. No.716 of 2025 2025:KER:24367 3 ORDER Dated this the 20th day of March, 2025 Petitioners are accused in Crime No.115 of 2007 registered at the Kazhakkoottam Police Station for offences punishable under Sections 341, 323, 324 and 34 of the Indian Penal Code, now pending as LP. No.23 of 2024 on the files of the Judicial First Class Magistrate Court-II, Attingal. 2. The crime was registered on the allegation that, on 19.03.2007, at 12:00 pm, the accused, due to prior animosity, restrained and inflicted injuries to the defacto complainant and CW2. 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 A3 and A4 affidavits have been filed by respondents 2 and 3 vouching this fact. Crl.M.C. No.716 of 2025 2025:KER:24367 4 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) Crl.M.C. No.716 of 2025 2025:KER:24367 5 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.115 of 2007 of Kazhakkoottam Police Station and all further proceedings in C.C. No.330 of 2012, now pending as LP. No.23 of 2024 , on the files of the Judicial First Class Magistrate Court-II, Attingal, as against the petitioners, is quashed. Sd/- V.G.ARUN JUDGE NB/20-3 Crl.M.C. No.716 of 2025 2025:KER:24367 6 APPENDIX OF CRL.MC 716/2025 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF FIR REGISTERED AS CRIME NO. 115/2007 OF THE KAZHAKKOOTAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT ANNEXURE A2 TRUE COPY OF FINAL REPORT REGISTERED IN CRIME NO. 115/2007 OF THE KAZHAKKOOTAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT ANNEXURE A3 ORIGINAL AFFIDAVIT OF COMPROMISE OF RESPONDENT NO. 2 DATED 31.12.2024 ANNEXURE A4 ORIGINAL AFFIDAVIT OF COMPROMISE OF RESPONDENT NO. 3 DATED 31.12.2024 TRUE COPY P.A. TO JUDGE