2025:KER:24395 CRL.MC NO. 1540 OF 2025 1 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. 1540 OF 2025 CRIME NO.212/2024 OF KALIKAVU POLICE STATION, MALAPPURAM AGAINST THE ORDER/JUDGMENT IN CC NO.477 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I,MANJERI PETITIONERS: 1 HASKAR @ BAVA, AGED 39 YEARS S/O. ALAVI, RESIDING AT KOPPILAN HOUSE, ANAKALLU, CHOKKAD P.O., POOKKOTTUMPADAM, NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN - 679332 2 AMJATHKHAN, AGED 41 YEARS S/O. MOHAMMED, RESIDING AT THADIYAN HOUSE, PEDAYANTHAL, CHOKKAD P.O., NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN - 679332 3 SHAJAHAN, AGED 46 YEARS S/O. ABDULRAHIMAN, RESIDING AT PALATHINGAL HOUSE, KANIYARAPPANPOYIL,CHOKKAD P.O., PARUTHIPPATTA, NILAMBUR TALUK, MALAPPURAM DISTRICT-, PIN - 679332 4 SADIKKALI, AGED 44 YEARS S/O MUHAMMADALI, CHOLAYIL HOUSE, MARUTHANGAL, CHOKKAD P.O., 2025:KER:24395 CRL.MC NO. 1540 OF 2025 2 NILAMBUR TALUK, MALAPPURAM DISTRICT-, PIN - 679332 BY ADVS. NINEEP K. C.MOHAMMED MUSTHAFA RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 FAISAL, AGED 42 YEARS S/O. HAMSA, RESIDING AT CHERINGAL HOUSE, CHENAPPADI, CHOKKAD P.O., CHOKKAD AMSOM, NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN - 679332 BY ADVS D.ARUN BOSE 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:24395 CRL.MC NO. 1540 OF 2025 3 ORDER Dated this the 20th day of March, 2025 The petitioners are accused Nos.1 to 4 in Crime No.212 of 2024 registered at the Kalikavu Police Station for offences punishable under Sections 341, 323, 294(b) and 283 read with Section 34 of the Indian Penal Code, now pending as C.C.No.477 of 2024 on the files of the Judicial First Class Magistrate Court-I, Manjeri. 2. The crime was registered on the allegation that, on 04.03.2024, by around 16.45 PM, the accused, due to prior animosity, stopped the bus driven by the de facto complainant, uttered obscene words, wrongfully restrained and assaulted him. 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 A3 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 no grievance against the petitioners. 5. I heard the learned Public Prosecutor also. 2025:KER:24395 CRL.MC NO. 1540 OF 2025 4 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. In the result, this Crl.M.C is allowed. Annexure A2 final report in Crime No.212 of 2024 of Kalikavu Police Station and all further proceedings in C.C.No.477 of 2024 on the files of the Judicial First Class Magistrate Court-I, Manjeri, as against the petitioners, is quashed. Sd/- V.G.ARUN, JUDGE SPV 2025:KER:24395 CRL.MC NO. 1540 OF 2025 5 APPENDIX OF CRL.MC 1540/2025 PETITIONERS’ ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE F.I.R. NO. 212/2024 DATED 04.03.2024 OF KALIKAVU POLICE STATION, MALAPPURAM DISTRICT, NOW PENDING ON THE FILES OF THE HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE COURT-1, MANJERI AS C.C.NO.477/2024 ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN C.C.477/2024 DATED 06.03.2024 NOW PENDING ON THE FILES OF THE HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE COURT-1, MANJERI ANNEXURE A3 THE AFFIDAVIT OF THE 2ND RESPONDENT/DEFACTO COMPLAINANT/CW1 RESPONDENTS’ ANNEXURES : NIL //TRUE COPY// PA TO JUDGE