2025:KER:21635 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 21ST DAY OF FEBRUARY 2025/2ND PHALGUNA, 1946 CRL.MC NO. 1152 OF 2025 CRIME NO.1025/2024 OF SAKTHIKULANGARA POLICE STATION, KOLLAM PETITIONERS/ACCUSED 1 & 2: 1 VIVEK S R AGED 40 YEARS, S/O SREERANGAN, KONNAYIL VEEDU, KUREEPUZHA, KAVANADU, KOLLAM, PIN - 691003 2 SANIL B AGED 44 YEARS, S/O BHARGAVAN, KAVILAYIL KAYALVARAM, KVAVANADU, KOLLAM, PIN - 691003 BY ADV SREERAJ M.D. RESPONDENTS/STATE/DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 PRAMOD S AGED 46 YEARS, S/O SIVADASAN, KOCHUKIZHAKATHIL, VIVEKANANDA NAGAR-59, KUREEPPUZHA KAVANADU PO, KOLLAM, PIN - 691003 BY ADV AJMAL P. SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21.02.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 1152 OF 2025 2 2025:KER:21635 ORDER Dated this the 21st day of February, 2025 Petitioners are accused Nos.1 and 2 in Crime No.1025 of 2024 registered at the Sakthikulangara Police Station for offences punishable under Sections 296(b), 115(2), 126(2), 117(2), 110 and 3(5) of BNS. 2. The crime was registered on the allegation that, on 15.11.2024, at about 22:30 hours, the accused, due to previous enmity, restrained, verbally abused and attacked the de facto complainant in front of the Kurippuzha Valiyakavu Devikshethram. 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 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 CRL.MC NO. 1152 OF 2025 3 2025:KER:21635 no grievance against the petitioners. 5. Learned Public Prosecutor submitted that, accused Nos.1 and 2 are involved in other crimes. 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 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 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. Insofar as the dispute in this case is settled, CRL.MC NO. 1152 OF 2025 4 2025:KER:21635 pendency of other crimes need not also deter this Court from exercising the inherent power under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. In the result, this Crl.M.C is allowed. Annexure A1 FIR and all further proceedings in Crime No.1025 of 2024 of Sakthikulangara Police Station, as against the petitioners, is quashed. Sd/- V.G.ARUN JUDGE ARK CRL.MC NO. 1152 OF 2025 5 2025:KER:21635 APPENDIX OF CRL.MC 1152/2025 PETITIONER ANNEXURES ANNEXURE A1 A CERTIFIED COPY OF THE F.I.R ALONG WITH FIS IN CRIME NO. 1025/2024 OF SAKTHIKUANGARA POLICE STATION, DATED 16/11/2024 ANNEXURE A2 THE AFFIDAVIT FILED BY RESPONDENT NO.2/DEFACTO COMPLAINANT DATED 10/1/2025