2025:KER:27586 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 CRL.MC NO. 1149 OF 2025 CRIME NO.123/2023 OF Narakkal Police Station, Ernakulam CC NO.817 OF 2023 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NJARAKKAL PETITIONERS/ACCUSED: 1 ADONIS JOHNSON, AGED 30 YEARS S/O JOHNSON, CHIRANGARA HOUSE, BAKERY STOP EAST, CHERAI P.O, PALLIPURAM VILLAGE, ERNAKULAM DISTRICT, KERALA., PIN – 683514. 2 JITHIN THOMAS, AGED 28 YEARS S/O THOMAS, NEDUMBILLY HOUSE, NEAR THRIKKADAPILLY TEMPLE, CHERAI P.O, PALLIPPURAM VILLAGE, ERNAKULAM DISTRICT, PIN – 683514. 3 JAYAKUMAR, AGED 30 YEARS S/O KARTHIKEYAN, THORAPADIKKAL HOUSE, GOUREESWARAM EAST, CHERAI P.O, PALLIPURAM VILLAGE, ERNAKULAM DISTRICT, PIN – 683514. BY ADV P.S.POOJA RESPONDENT/RESPONDENT/STATE/DEFACTO COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031. 2025:KER:27586 CRL.MC NO. 1149 OF 2025 2 2 STATION HOUSE OFFICER, MUNAMBAM PS, PALIPORT P.O, ERNAKULAM., PIN – 683515. 3 SHABU, AGED 54 YEARS S/O SANKARAN, KUTTAPURAKKAL HOUSE, MANAPPILLY ROAD. AYYAMPILLY, KUZHIPPILLY VILLAGE, ERNAKULAM DISTRICT., PIN – 682501. 4 ADITH KRISHNA, AGED 22 YEARS S/O. SHABU, KUTTAPURAKKAL HOUSE, MANAPPILLY ROAD. AYYAMPILLY, KUZHIPPILLY VILLAGE, ERNAKULAM DISTRICT., PIN – 682501. BY ADV P.V.VIBIN SRI. RENJITH GEORGE, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:27586 CRL.MC NO. 1149 OF 2025 3 ORDER Petitioners are the accused in Crime No.123 of 2023 registered at the Munambam Police Station for offences punishable under Sections 341, 323, 325, 506 and 34 of the Indian Penal Code, now pending as C.C No.817 of 2023 on the files of the Judicial First Class Magistrate Court, Njarakkal. 2. The crime is registered on the allegation that, at about 10.30 p.m on 05.02.2023, accused, due to prior animosity, restrained, threatened and attacked CW1, the son of the de facto complainant 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 Annexures 3 and 4 affidavits have been filed by respondents 3 and 4 vouching this fact. 4. Learned Counsel for respondents 3 and 4 also submitted that the dispute is settled and his clients have no 2025:KER:27586 CRL.MC NO. 1149 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 affidavits, the contents of which are vouched to be true and voluntary by the Counsel for respondents 3 and 4, 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 2 final 2025:KER:27586 CRL.MC NO. 1149 OF 2025 5 report and all further proceedings in C.C No.817 of 2023 on the files of the Judicial First Class Magistrate Court, Njarakkal, as against the petitioners, is quashed. Sd/- V.G.ARUN JUDGE Sru 2025:KER:27586 CRL.MC NO. 1149 OF 2025 6 APPENDIX OF CRL.MC 1149/2025 PETITIONERS ANNEXURES Annexure 1 THE TRUE COPY OF THE F.I.R IN CRIME NO. 123/2023 OF MUNAMBAM POLICE STATION DATED 09.02.2023 ON THE FILES OF HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE COURT, NJARAKKAL. Annexure 2 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 123/2023 DATED 18.04.2023 OF MUNAMBAM POLICE STATION ON THE FILES OF HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE COURT NJARAKKAL. Annexure 3 THE ORIGINAL OF THE AFFIDAVIT EXECUTED BY THE DE-FACTO COMPLAINANT/3RD RESPONDENT DATED 06.01.2025 IN CRIME NO. 123/2023 OF MUNAMBAM POLICE STATION. Annexure 4 ORIGINAL OF THE AFFIDAVIT EXECUTED BY CW1 DATED 06.01.2025 IN CRIME NO. 123/2023 OF MUNAMBAM POLICE STATION.