2025:KER:30026 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 CRL.MC NO. 867 OF 2025 CRIME NO.1364/2020 OF Hosdurg Police Station, Kasargod CC NO.701 OF 2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, HOSDRUG PETITIONER/ACCUSED NOS.1 TO 7: 1 SHIVACHANDRAN. P, AGED 36 YEARS S/O RAJAN. P, PAANJAL VEEDU, KARTHIKA, UPPILIKKAI, PUDUKAI VILLAGE, KASARGOD, PIN – 671314. 2 ABHILASH. K, AGED 39 YEARS S/O T. AMBU, ADUKKATHU PARMBA,UPPILIKAI,PUDUKAI VILLAGE, KASARGOD, PIN – 671314. 3 VIDYADHARAN.K, AGED 27 YEARS S/O T.V KUNJIPENNU,MENIKOTTU,UPPILIKAI, PUDUKAI VILLAGE, KASARGOD, PIN – 671314. 4 UDAYAN. K.V, AGED 38 YEARS S/O BHAVANI.K, MADURAMKAI,UPPILIKAI, PUDUKAI VILLAGE, KASARGOD, PIN – 671314. 5 RAHUL RAJ.K, AGED 26 YEARS S/O RAJAN, KAMBIKANATHU HOUSE, UPPILIKAI, PUDUKAI VILLAGE, KASARGOD, PIN – 671314. 6 AJITH.K, AGED 28 YEARS 2025:KER:30026 CRL.MC NO. 867 OF 2025 2 S/O KARTHIYAYINI, LAKSHAM VEEDU COLONY,CHEDI ROAD, UPPILIKAI,PUDUKAI VILLAGE, KASARGOD, PIN – 671314. 7 PRADEEP. T.V, AGED 44 YEARS S/O AMBADI, ADUKKATHUPARAMBU,UPPILIKAI,PUDUKAI VILLAGE, KASARGOD, PIN – 671314. 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 RATHEESH T, AGED 39 YEARS S/O SHANTHA, THIRUKKUNNUMMAL HOUSE,ARAYI, KARTHIKA, PUTHUKAI VILLAGE, HOSDURG TALUK, KASARGOD, PIN – 671314. BY ADV VIPIN T JOSE SRI. RENJITH GEORGE, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:30026 CRL.MC NO. 867 OF 2025 3 ORDER Petitioners are the accused in Crime No.1364 of 2020 registered at the Hosdurg Police Station for offences punishable under Sections 143, 147, 148, 341 and 324 r/w 149 of the Indian Penal Code, now pending as C.C No.701 of 2021 on the files of the Judicial First Class Magistrate Court-I, Hosdurg. 2. The crime is registered on the allegation that, at 14.00 hours on 16.12.2020, due to previous animosity, accused restrained and attacked the de facto complainant with dangerous weapon and caused injuries to him. 3. Learned Counsel for the petitioners submits that the dispute, which led to the incident and registration of the crime, is settled and Annexure AIII 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 2025:KER:30026 CRL.MC NO. 867 OF 2025 4 the petitioners. 5. I heard the learned Public Prosecutor also. 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 arrived at between the parties, 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 AII final 2025:KER:30026 CRL.MC NO. 867 OF 2025 5 report and all further proceedings in C.C No.701 of 2021 on the files of the Judicial First Class Magistrate Court-I, Hosdurg, as against the petitioners, is quashed. Sd/- V.G.ARUN JUDGE Sru 2025:KER:30026 CRL.MC NO. 867 OF 2025 6 APPENDIX OF CRL.MC 867/2025 PETITIONERS ANNEXURES Annexure AI A TRUE COPY OF THE F.I.R IN CRIME NO. 1364 OF 2020OF HOSDURG POLICE STATION, KASARAGOD Annexure AII CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 1364 OF 2020 OF HOSDURG POLICE STATION, KASARAGOD Annexure AIII THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 10-01-2025