2025:KER:21863 CRL.MC NO. 1565 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. 1565 OF 2025 CRIME NO.65/2025 OF THENHIPALAM POLICE STATION, MALAPPURAM PETITIONERS: 1 NAVANEETH NAIR, AGED 22 YEARS S/O JOSE, THANAL HOUSE, PAKALKURY (PO), THIRUVANTHAPURAM DISTRICT, PIN - 695604 2 NAYEEMU RAHMAN, AGED 21 YEARS S/O ABDUL NAZER,KADAKKADAN HOUSE, INDIANOOR (PO), KOTTAKKAL, MALAPPURAM DISTRICT, PIN - 676503 3 JITHIN, AGED 23 YEARS S/O JAGADEESHAN,JS BHAVAN, KOYYIPPAD, CHATHANNOOR (PO), KOLLAM, PIN - 691572 4 AMAYJITH, AGED 21 YEARS S/O AJAY THOTTUVAYI, THOTTUVAYII HOUSE, ATHOLI (PO), KOZHIKODE DISTRICT, PIN - 673315 5 VIVEK, AGED 21 YEARS S/O PRABHAKARAN.K, KOTTEKATTIL HOUSE, CHEMMANIYODE (PO), MALAPPURAM DISTRICT, PIN - 679325 BY ADV SUNEESH KUMAR R. 2025:KER:21863 CRL.MC NO. 1565 OF 2025 2 RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER, TENHIPALAM POLICE STATION, TENHIPALAM (PO), MALAPPURAM DISTRICT, PIN - 673636 3 ADITHYAN, AGED 20 YEARS S/O SUNILKUMAR, VARIYAM HOUSE, TENHIPALAM (PO), MALAPPURAM DISTRICT, PIN - 673636 BY ADVS B.BIPIN SRI. M,C. ASHI,, 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:21863 CRL.MC NO. 1565 OF 2025 3 ORDER Dated this the 14th day of March, 2025 The petitioners are accused Nos.1 to 5 in Crime No.65 of 2025 registered at the Tenhipalam Police Station for offences punishable under Sections 3(5), 115(2) and 118(1) of the Bharatiya Nyaya Sanhita, 2023. 2. The crime was registered on the allegation that, on 16.01.2025, at about 01:30 hrs, accused attacked the de facto complainant with a key in the the Calicut University Compound. 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 3rd respondent vouching this fact. 4. Learned Counsel for the 3rd respondent also submitted that the dispute is settled and his 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 2025:KER:21863 CRL.MC NO. 1565 OF 2025 4 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. In the result, this Crl.M.C is allowed. Annexure A1 FIR and all further proceedings in Crime No.65 of 2025 of Tenhipalam Police Station, as against the petitioners, is quashed. Sd/- V.G.ARUN JUDGE SPV 2025:KER:21863 CRL.MC NO. 1565 OF 2025 5 APPENDIX OF CRL.MC 1565/2025 PETITIONERS’ ANNEXURES ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME 65/2025 OF TENHIPALAM POLICE STATION, MALAPPURAM DISTRICT ALONG WITH FIS ANNEXURE A2 AFFIDAVIT SWORN BY THE 3RD RESPONDENT/DEFACTO COMPLAINANT DATED 12.02.2025 RESPONDENTS’ ANNEXURES: NIL //TRUE COPY// PA TO JUDGE