2025:KER:24361 CRL.MC NO. 1113 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946 CRL.MC NO. 1113 OF 2025 CRIME NO.837/2023 OF MEDICAL COLLEGE POLICE STATION, KOZHIKODE AGAINST THE ORDER/JUDGMENT IN CC NO.397 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS, KUNNAMANGALAM PETITIONER: MUJEEB RAHMAN AGED 51 YEARS S/O YOOSUF MUHAMMAD, SHUKRIYA HOUSE, KALLAI P.O., KOZHIKODE DT., PIN - 673003 BY ADVS. ADHEELA NOWRIN T.RASINI RAMEESA RASHEED RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 AL FAHAD AGED 36 YEARS S/O GULAM AHAMMAD, BITHUL FATHAH, BEACH ROAD, KOYILANDY P.O, KOZHIKODE DT., PIN - 673003 3 DILHIBA M S AGED 29 YEARS 2025:KER:24361 CRL.MC NO. 1113 OF 2025 2 BITHUL FATHAH, BEACH ROAD, KOYILANDY P.O, KOZHIKODE DT., PIN - 673003 BY ADVS M.MUHAMMED SHAFI SRI. M.C. ASHI, PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:24361 CRL.MC NO. 1113 OF 2025 3 ORDER Dated this the 14 th day of March, 2025 The petitioner is the accused in Crime No.837 of 2023 registered at the Medical College Police Station, Kozhikode for offences punishable under Sections 341, 323 and 324 of the Indian Penal Code, now pending as C.C.No.397 of 2023 on the files of the Judicial First Class Magistrate Court, Kunnamangalam. 2. The crime was registered on the allegation that, on 30.06.2023, at about 04:00 PM, the accused, due to a pre- existing family dispute, restrained the 2nd respondent and hit him with a cricket bat, thereby causing injuries. 3. Learned Counsel for the petitioner submitted that the dispute, which led to the incident and registration of the crime, is amicably settled and Annexure A2 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 the petitioner. 2025:KER:24361 CRL.MC NO. 1113 OF 2025 4 5. Learned Public Prosecutor submits that even though the 2nd respondent/injured witness has given a statement that the dispute is settled, statement from the 3rd respondent, who is the de facto complainant, is yet to be received. 6. Insofar as the case and the counter case are settled and the injured witness himself has stated that he is not interested in proceeding against the petitioner, absence of the de facto complainant’s statement, who is only an informant, need not be a hindrance for deciding the Crl. MC. 7. 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, 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 2025:KER:24361 CRL.MC NO. 1113 OF 2025 5 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 A1 final report in Crime No.837 of 2023 of Medical College Police Station, Kozhikode and all further proceedings in C.C.No.397 of 2023 on the files of the Judicial First Class Magistrate Court, Kunnamangalam, as against the petitioner, is quashed. Sd/- SPV V.G.ARUN, JUDGE 2025:KER:24361 CRL.MC NO. 1113 OF 2025 6 APPENDIX OF CRL.MC 1113/2025 PETITIONER’S ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 837/2023 OF MEDICAL COLLEGE POLICE STATION, KOZHIKODE ANNEXURE A2 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 24-08-2024 RESPONDENTS’ ANNEXURES: NIL //TRUE COPY// PA TO JUDGE