2025:KER:24316 CRL.MC NO. 1076 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. 1076 OF 2025 CRIME NO.839/2023 OF MEDICAL COLLEGE POLICE STATION, KOZHIKODE AGAINST THE ORDER/JUDGMENT IN CC NO.455 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,KUNNAMANGALAM PETITIONERS: 1 AL FAHAD AGED 36 YEARS S/O GULAM AHAMMAD, BITHUL FATHAH, BEACH ROAD KOYILANDY P.O, KOZHIKODE DT., PIN - 673305 2 DILHIBA AGED 28 YEARS W/O AL FAHAD, BAITHUL FATHAH, BEACH ROAD, KOYILANDY P.O, KOZHIKODE DT., PIN - 673305 BY ADV M.MUHAMMED SHAFI RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 FATHAHA MUJEEB AGED 43 YEARS W/O MUJEEB RAHMAN, BAITHUL FATHAH, 2025:KER:24316 CRL.MC NO. 1076 OF 2025 2 BEACH ROAD, KOYILANDY P.O, KOZHIKODE DT., PIN - 673305 3 MUJEEB RAHMAN AGED 51 YEARS S/O YOOSUF MOHAMMAD, SHUKRIYA HOUSE, KALLAI P.O, KOZHIKODE DT., PIN - 673003 4 FAREEDHA AGED 41 YEARS D/O GULAM AHAMED, BAITHUL FATHAH, BEACH ROAD, KOYILANDY P.O, KOZHIKODE DT., PIN - 673305 5 LENSA AGED 12 YEARS D/O FAREEDHA, BAITHUL FATHAH, BEACH ROAD, KOYILANDY P.O, KOZHIKODE DT. REP. BY HER MOTHER FAREEDHA, PIN - 673305 BY ADVS A.V.ANVAR SMT. C. SEENA, 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:24316 CRL.MC NO. 1076 OF 2025 3 ORDER Dated this the 14th day of March, 2025 Petitioners are the accused in Crime No.839 of 2023 registered at the Medical College Police Station, Kozhikode for offences punishable under Sections 341, 323, 324 and 448 r/w Section 34 of the Indian Penal Code, now pending as C.C.No.455 of 2024 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 pre- existing family dispute, trespassed into the house of the de facto complainant and attacked him and CWs 2 to 4 using a cricket bat, thereby causing injuries. 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 A2 to A4 affidavits have been filed by respondents 2 to 4 and on behalf of the 5th respondent vouching this fact. 4. Learned Counsel for the respondents 2 to 5 also 2025:KER:24316 CRL.MC NO. 1076 OF 2025 4 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 to 5, 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 A1 final report in Crime No.839 of 2023 of Medical College Police Station, Kozhikode and all further proceedings in C.C.No.455 of 2025:KER:24316 CRL.MC NO. 1076 OF 2025 5 2023 on the files of the Judicial First Class Magistrate Court, Kunnamangalam, as against the petitioners, is quashed. Sd/- SPV V.G.ARUN, JUDGE 2025:KER:24316 CRL.MC NO. 1076 OF 2025 6 APPENDIX OF CRL.MC 1076/2025 PETITIONERS’ ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 839/2023 OF MEDICAL COLLEGE POLICE STATION, KOZHIKODE ANNEXURE A2 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 24-08-2024 ANNEXURE A3 AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 24-08-2024 ANNEXURE A4 AFFIDAVIT SWORN BY THE 4TH RESPONDENT FOR AND BEHALF OF THE 4TH AND 5TH RESPONDENTS RESPONDENTS’ ANNEXURES : NIL //TRUE COPY// PA TO JUDGE