2025:KER:19657 CRL.MC NO. 962 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 6TH DAY OF MARCH 2025 / 15TH PHALGUNA, 1946 CRL.MC NO. 962 OF 2025 CRIME NO.1818/2021 OF Chingavanam Police Station, Kottayam AGAINST THE ORDER/JUDGMENT DATED IN CC NO.129 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,CHANGANACHERRY PETITIONERS: 1 N.C.ABRAHAM, AGED 68 YEARS S/O.CHACKO, NAKKARA HOUSE, FACT KADAVU BHAGAM, CHINGAVANAM (PO), NATAKOM, KOTTAYAM DISTRICT, PIN - 686531 2 GLADSON, AGED 35 YEARS S/O.N.C.ABRAHAM, NAKKARA HOUSE, FACT KADAVU BHAGAM, CHINGAVANAM (PO), NATAKOM, KOTTAYAM DISTRICT,, PIN - 686531 BY ADV K.V.RAJESWARI RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER, CHINGAVANAM POLICE STATION, CHINGAVANAM PO), KOTTAYAM DISTRICT, PIN - 686531 2025:KER:19657 CRL.MC NO. 962 OF 2025 2 3 SIJOMON P.C, S/O.CHANDY CHACKO, AGED 40 YEARS, PADAKASHERRY HOUSE, KURICHI P.O, KOTTAYAM DISTRICT,, PIN - 686532 BY ADVS BINOY VASUDEVAN SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:19657 CRL.MC NO. 962 OF 2025 3 ORDER Dated this the 06th day of March, 2025 The petitioners are accused Nos.1 and 2 in Crime No.1818 of 2021 registered at the Chingavanam Police Station for offences punishable under Sections 294(b), 323 and 506 read with Section 34 of the Indian Penal Code, now pending as C.C.No.129 of 2022 on the files of the Judicial First Class Magistrate Court-I, Changanacherry. 2. The crime was registered on the allegation that, on 31.08.2021, at about 12:30 AM, due to prior animosity, accused threatened, verbally abused, and assaulted the de facto complainant. 3. Learned Counsel for the petitioners submitted that the dispute, which led to the incident and registration of the crime, is amicably settled and Annexure C affidavit has been filed by the 3rd respondent vouching this fact. 4. Learned Counsel for the 3rd respondent also submitted that the dispute is settled and his client has no 2025:KER:19657 CRL.MC NO. 962 OF 2025 4 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 affidavit, the contents of which are vouched to be true and voluntary by the Counsel for the 3rd 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, 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 B final report in Crime No.1818 of 2021 of Chingavanam Police Station and all further proceedings in C.C.No.129 of 2022 on the files of the Judicial First Class Magistrate Court-I, 2025:KER:19657 CRL.MC NO. 962 OF 2025 5 Changanacherry, as against the petitioners, is quashed. Sd/- V.G.ARUN JUDGE SPV 2025:KER:19657 CRL.MC NO. 962 OF 2025 6 APPENDIX OF CRL.MC 962/2025 PETITIONERS’ ANNEXURES ANNEXURE A CERTIFIED COPY OF THE FIR IN CRIME NO.1818 OF 2021 OF CHINGAVANAM POLICE STATION, KOTTAYAM DISTRICT ANNEXURE B CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.129 OF 2022 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHANGANCHERRY ANNEXURE C THE ORIGINAL OF THE AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT RESPONDENT’S ANNEXURES : NIL //TRUE COPY// PA TO JUDGE