2025:KER:29265 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 CRL.MC NO. 1555 OF 2025 CRIME NO.1341/2024 OF Kattakada Police Station, Thiruvananthapuram PETITIONER/3RD ACCUSED: VIJU WILSON, AGED 35 YEARS S/O.WILSON, BATHEL KADUMB, KIZAKUMKARA VEDDU, KAROD VILAPIL SHALA, THIRUVANTHAPURAM, PIN - 695573 BY ADV NAVEEN RADHAKRISHNAN RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 AJAYAKUMAR, AGED 40 YEARS SASHIDHARAN NAIR, RESIDING AT VENGAOOR MELE,VADAKKUMAKARA,PUTHEN VEEDU (NOW RESIDING AT KANIYAMVILAKAM VEDDU ,CHOOZHATTUKOTTA,MALAYAM PO VILAVOORKKAL VILLAGE,KATTAKADA TALUK, PIN - 69557 BY ADV JOSE ANTONY SRI. M.C. ASHI, PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:29265 Crl.M.C.No.1555 of 2025 2 ORDER Dated this the 25th day of March, 2025 Petitioner is the 3rd accused in Crime No.1341 of 2024 registered at the Kattakada Police Station for offences punishable under Sections 126(2), 296(b), 118(1), 115(2), 110 and 3(5) of the Bharatiya Nyaya Sanhita. 2. The crime is registered on the allegation that at about 04:40 p.m on 24.11.2024, the accused, due to prior animosity in connection with a dispute regarding construction matters, restrained, verbally abused and assaulted the defacto complainant using beer bottle and iron rod. 3. Learned Counsel for the petitioner submitted that the dispute, which led to the incident and registration of the crime, is amicably settled between 2025:KER:29265 Crl.M.C.No.1555 of 2025 3 the parties 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 no grievance against the petitioner. 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 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 2025:KER:29265 Crl.M.C.No.1555 of 2025 4 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.1341 of 2024 registered at the Kattakada Police Station, as against the petitioner, is quashed. Sd/- V.G.ARUN JUDGE SSK/25/03 2025:KER:29265 Crl.M.C.No.1555 of 2025 5 APPENDIX OF CRL.MC 1555/2025 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIR IN CRIME 1341 /2024 OF KATTAKADA POLICE STATION, Annexure A2 A TRUE COPY OF THE ABOVE AFFIDAVIT SWORN BY THE 2NDRESPONDENT DATED 4-2-2025 RESPONDENTS EXHIBITS : NIL TRUE COPY P.A. TO JUDGE