2025:KER:27630 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. 1195 OF 2025 CP NO.33 OF 2024 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NJARAKKAL PETITIONERS/ACCUSED NOS.1 TO 6: 1 VISHNU @ VICHU, AGED 25 YEARS S/O SUNILKUMAR, KANNIPURATH HOUSE, AYYAMPILLY, KUZHUPILLY VILLAGE, ERNAKULAM DISTRICT, KERALA, PIN – 682501. 2 AJILESH @ KANNAN, AGED 25 YEARS S/O BENNY, PALLIPARAMBIL HOUSE, AYYAMPILLY, KUZHUPILLY VILLAGE , ERNAKULAM DISTRICT, KERALA, PIN – 682501. 3 ABIN, AGED 23 YEARS S/O BIJU, PUNNAPARAMBIL HOUSE, AYYAMBILLY, KUZHUPILLY VILLAGE, ERNAKULAM DISTRICT, KERALA, PIN – 682501. 4 ASWIN DEV, AGED 23 YEARS S/O UDAYAKUMAR, KANDAMPILLY HOUSE, AYYAMPILLY, KUZHUPILLY VILLAGE, ERNAKULAM DISTRICT, KERALA., PIN – 682501. 5 ADITH KRISHNA AGED 24 YEARS S/O SHABU, KOTTAPURAKKAL HOUSE, MANAPILLY, AYYAMPILLY, KUZHUPILLY VILLAGE, ERNAKULAM DISTRICT, KERALA, PIN – 682501. 6 VISHNU K.V. AGED 23 YEARS 2025:KER:27630 CRL.MC NO. 1195 OF 2025 2 S/O VENU, KAPPATTITHARA HOUSE, AYYAMPILLY, KUZHUPILLY VILLAGE, ERNAKULAM, KERALA, PIN – 682501. BY ADV P.V.VIBIN RESPONDENTS/RESPONDENT: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031. 2 STATION HOUSE OFFICER, MUNAMBAM P.S., PALIPORT P.O., ERNAKULAM DISTRICT, KERALA., PIN – 683515. 3 ADONIS JOHNSON, AGED 30 YEARS S/O JOHNSON, CHILANGARA HOUSE, BAKERY EAST, CHERAI P.O, ERNAKULAN DISTRICT, KERALA., PIN – 683514. SRI.RENJITH GEORGE, SR.PP BY ADV P.S.POOJA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:27630 CRL.MC NO. 1195 OF 2025 3 ORDER Petitioners are the accused in Crime No.104 of 2023 registered at the Munambam Police Station for offences punishable under Sections 143, 144, 147, 341, 294(b), 506, 323, 324, 427, 308 and 149 of the Indian Penal Code, now pending as C.P No.33 of 2024 on the files of the Judicial First Class Magistrate Court, Njarakkal. 2. The crime is registered on the allegation that, at about 10 p.m on 05.02.2023, accused, due to prior animosity, verbally abused, threatened and attacked the de facto complainant using sugarcane and iron rod and thereby caused injuries to him. It is further alleged that the de facto complainant’s watch was lost in the scuffle, thereby causing loss of Rs.3,500/-. 3. Learned Counsel for the petitioners submits that the dispute, which led to the incident and registration of the crime, is settled and Annexure 3 affidavit has been filed by the 3rd 2025:KER:27630 CRL.MC NO. 1195 OF 2025 4 respondent vouching this fact. 4. Learned Counsel for the 3rd respondent also submitted that the dispute is settled and her client has 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 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 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 2025:KER:27630 CRL.MC NO. 1195 OF 2025 5 in granting the relief. In the result, this Crl.M.C is allowed. Annexure 2 final report and all further proceedings in C.P No.33 of 2024 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:27630 CRL.MC NO. 1195 OF 2025 6 APPENDIX OF CRL.MC 1195/2025 PETITIONERS ANNEXURES Annexure 1 THE TRUE COPY OF THE FIR IN CRIME NO.104/2023 DATED 06.02.2023 Annexure 2 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 104/2023 DATED 20.09.2023 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. 104/2023 OF MUNAMBAM POLICE STATION.