2025:KER:19826 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. 914 OF 2025 CRIME NO.535/2024 OF Kainady Police Station, Alappuzha PETITIONERS/ACCUSED NOS.1 AND 2: 1 DEEPAK P.S, AGED 31 YEARS S/O. PRADEEP KUMAR, KUNNAPPALLISSERIL HOUSE, SACHIVOTHAMAPURAM P.O., KURICHI, KOTTAYAM DISTRICT, PIN - 686532 2 DIVYA C. BIJU, AGED 40 YEARS D/O. CHANDRA BABU, ‘DHANYA’,THAZHUTHALA, KANNANALLOOR P.O., KOLLAM DISTRICT, PIN - 691576 BY ADV M.SANTHI (K/868/2011) RESPONDENTS/DEFACTO COMPLAINANT, INJURED AND STATE: 1 NISHAD T.A, AGED 49 YEARS S/O. APPUKUTTAN T.K., THUNDIYIL HOUSE, VALADY, NEELAMPEROOR VILLAGE, NEELAMPEROOR, ALAPPUZHA DISTRICT, PIN - 686534 2 THOMAS M.O. @ SUNNY, AGED 58 YEARS S/O. OUSEPH, AGED 58 YEARS, MALATHUSSERY HOUSE, EARA P.O., NEELAMPEROOR, ALAPPUZHA DISTRICT, PIN - 686534 3 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY ADV M.P.MADHAVANKUTTY SR.PP.PUSHPALATHA M.K. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:19826 Crl.M.C.No.914 of 2025 2 ORDER Dated this the 3rd day of March, 2025 Petitioners are accused Nos.1 and 2 in Crime No.535 of 2024 registered at the Kainadi Police Station for offences punishable under Sections 296(b), 126(2), 115(2) and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023. 2. The crime is registered on the allegation that at about 08:00 p.m on 22.09.2024, due to prior animosity, the 1st accused verbally abused the defacto complainant and injured him, while the 2nd accused restrained him. It is further alleged that the accused also squabbled with the 2nd respondent. 3. Learned Counsel for the petitioners submitted that the dispute, which led to the incident 2025:KER:19826 Crl.M.C.No.914 of 2025 3 and registration of the crime, is amicably settled between the parties and Annexures-II and III affidavits have been filed by respondents 1 and 2, vouching this fact. 4. Learned Counsel for respondents 1 and 2 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 is vouched to be true and voluntary by the Counsel for respondents 1 and 2, 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 2025:KER:19826 Crl.M.C.No.914 of 2025 4 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-I FIR and all further proceedings in Crime No.535 of 2024 registered at the Kainadi Police Station, as against the petitioners, is quashed. Sd/- V.G.ARUN JUDGE SSK/03/03 2025:KER:19826 Crl.M.C.No.914 of 2025 5 APPENDIX OF CRL.MC 914/2025 PETITIONER ANNEXURES Annexure-I A TRUE COPY OF THE FIR IN CRIME NO. 535/2024 BEFORE THE KAINADY POLICE STATION, ALAPPUZHA DISTRICT. Annexure-II THE TRUE COPY OF THE AFFIDAVIT SWORN BY THE 1ST RESPONDENT Annexure-III HE TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT RESPONDENTS EXHIBITS : NIL TRUE COPY P.A. TO JUDGE