2025:KER:23826 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 20TH DAY OF MARCH 2025/29TH PHALGUNA, 1946 CRL.MC NO.1538 OF 2025 CRIME NO.107/2009 OF PONNANI POLICE STATION, MALAPPURAM AGAINST THE ORDER/JUDGMENT DATED IN LP NO.65 OF 2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PONNANI PETITIONER/5 TH ACCUSED YOOSUF, AGED 48 YEARS, S/O. MUHAMMED, PEEKINDE HOUSE, NEAR PONNANI FIRE STATION, PONNANI, MALAPPURAM DISTRICT., PIN - 679577 BY ADVS. K.B.ARUNKUMAR POOJA K.S. RESPONDENTS/STATE AND DEFACTO COMPLAINT 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 THE SUB INSPECTOR OF POLICE, PONNANI POLICE STATION, MALAPPURAM DISTRICT., PIN – 679586 2025:KER:23826 Crl.MC No.1538 of 2025 2 3 AZEEZ, AGED 40 YEARS, S/O. MOITHEEN BAVA,PAZHAYAPURAKKAL HOUSE, BEHIND KSRTC BUS STATION, PONNANI, MALAPPURAM DISTRICT., PIN - 679586 BY ADV RANJIT BABU SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:23826 Crl.MC No.1538 of 2025 3 ORDER Dated this the 20th day of March, 2025 Petitioner is accused No.5 in Crime No.107 of 2009 registered at the Ponnani Police Station, for offences punishable under Sections 143, 147, 341, 325 and 323 r/w Section 149 of IPC, now pending as L.P. No.65 of 2013 on the files of the Judicial Magistrate of First Class -I, Ponnani. 2. The crime is registered on the allegation that at about 06.30 P.M on 24.02.2009, the accused no.1, assaulted the 3rd respondent/defacto complainant due to prior animosity. It is further alleged that, later, while defacto complainant was admitted in the hospital, accused came to the hospital and attacked him again. 3. Learned Counsel for the petitioner submitted that the dispute, which led to the incident and registration of the crime, is amicably settled between the parties and Annexure A-3 affidavit has been filed by the 3rd respondent, vouching this fact. 2025:KER:23826 Crl.MC No.1538 of 2025 4 4. Learned Counsel for the 3rd respondent submitted that the dispute with the petitioner alone is settled. 5. I heard the learned Public Prosecutor also. 6. Having considered the gravity of the offences alleged and having perused the affidavit, contents of which is 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, 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. 2025:KER:23826 Crl.MC No.1538 of 2025 5 In the result, this Crl.M.C is allowed. Annexure A-2 final report and all further proceedings in Crime No.107 of 2009 registered at the Ponnani Police Station, now pending as L.P. No.65 of 2013 on the files of the Judicial Magistrate of First Class -I, Ponnani, as against the petitioner, is quashed. Sd/- V.G.ARUN JUDGE Cak 2025:KER:23826 Crl.MC No.1538 of 2025 6 APPENDIX OF CRL.MC 1538/2025 PETITIONER’S ANNEXURES ANNEXURE A-1 THE CERTIFIED COPY OF THE FIR AND FIS IN CRIME NO.107/2009 OF PONNANI POLICE STATION ANNEXURE A-2 THE CERTIFIED COPY OF FINAL REPORT ALONG WITH THE WITNESS SCHEDULE IN L.P. NO. 65/2013 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PONNANI ANNEXURE A-3 THE AFFIDAVIT DATED 09.01.2025 EXECUTED BY THE 3RD RESPONDENT HEREIN