2025:KER:28237 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 CRL.MC NO. 1610 OF 2025 CRIME NO.2888/2015 OF Kottiyam Police Station, Kollam IN CC NO.363 OF 2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS - II, KOLLAM PETITIONERS/ACCUSED: 1 AJMAL SABAD, AGED 29 YEARS S/O. SABAD, RESIDING AT AJMAL MANZIL, MUKKAM, MYYANADU VILLAGE, KOLLAM, PIN - 691303 2 ARAVIND, AGED 29 YEARS S/O. SATHEESAN, RESIDING AT RATHISH NIVAS, DAVALAKUZHI, MUKKAM, MYYANADU VILLAGE, KOLLAM, PIN - 691303 3 BIJO SAM, AGED 29 YEARS S/O. SAMKUMAR, RESIDING AT VIPIN HOUSE, DAVALAKUZHI, MUKKAM, MYANADU VILLAGE, KOLLAM, PIN - 691303 BY ADVS. S.SREEKUMAR (KOLLAM) K.VIJAYAN NAMITHA RAJESH ABHILASH T. RESPONDENTS/STATE & DEFACTO COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, 2025:KER:28237 Crl.M.C.No.1610 of 2025 2 PIN - 682031 2 THE STATION HOUSE OFFICER, KOTTIYAM POLICE STATION, KOLLAM REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, PIN - 682031 3 JACOB ELIAS , AGED 60 YEARS S/O. ELIAS PATHROSE RESIDING AT AKKOLICHERRY, DHAVALAKUZHI P.O, MAYYANAD NOW RESIDING AT AMALOTH BHAVALAYAM, PULLICHIRA P.O, MAYYANAD KOLLAM DISTRICT, PIN - 691304 4 SHENU JACOB, AGED 56 YEARS W/O. JACOB PATHROSE RESIDING AT AKKOLICHERRY, DHAVALAKUZHI P.O, MAYYANAD NOW RESIDING AT AMALOTH BHAVALAYAM, PULLICHIRA P.O, MAYYANAD KOLLAM DISTRICT, PIN - 691304 5 JOBIN JACOB, AGED 29 YEARS S/O. JACOB PATHROSE RESIDING AT AKKOLICHERRY, DHAVALAKUZHI P.O, MAYYANAD NOW RESIDING AT AMALOTH BHAVALAYAM, PULLICHIRA P.O, MAYYANAD KOLLAM DISTRICT, PIN - 691304 6 JOYAL JACOB, AGED 27 YEARS S/O. JACOB PATHROSE RESIDING AT AKKOLICHERRY, DHAVALAKUZHI P.O, MAYYANAD NOW RESIDING AT NASSERS AL – HAJRI AND PARTNERS (NSH) AL – MARIA CAMP DHAFRA REGION, GHAYTHI ROAD, RUWAYS., PIN - 691303 BY ADV NITHYA V.D. SR.PP.PUSHPALATHA M.K. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:28237 Crl.M.C.No.1610 of 2025 3 ORDER Dated this the 28th day of March, 2025 Petitioners are accused Nos.1 to 3 in Crime No.2888 of 2015 registered at the Kottiyam Police Station for offences punishable under Sections 294(b), 452, 323, 324, 354 and 427 r/w Section 34 of IPC, now pending as C.C No.363 of 2017 of the files of the Judicial First Class Magistrate Court-II, Kollam. 2. The crime is registered on the allegation that at about 02:00 a.m on 22.12.2015, the accused, due to prior animosity, trespassed into the house of the defacto complainant, verbally abused and assaulted him using iron rod. It is further alleged that the accused assaulted CWs 2 to 4, outraged the modesty 2025:KER:28237 Crl.M.C.No.1610 of 2025 4 of CW2 and destroyed the furniture and motorcycle, thereby causing loss of Rs.5000/-. 3. Learned Counsel for the petitioners submitted that the dispute, which led to the incident and registration of the crime, is amicably settled between the parties and Annexures A3 to A6 affidavits have been filed by respondents 3 to 6, vouching this fact. 4. Learned Counsel for respondents 3 to 6 also submitted that the dispute is settled and her clients have 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 affidavits, contents of which is vouched to be true and voluntary by the Counsel for respondents 3 to 6, I am satisfied that no 2025:KER:28237 Crl.M.C.No.1610 of 2025 5 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 and all further proceedings in Crime No.2888 of 2015 registered at the Kottiyam Police Station, now pending as C.C No.363 of 2017 on 2025:KER:28237 Crl.M.C.No.1610 of 2025 6 the files of the Judicial First Class Magistrate Court-II, Kollam, as against the petitioners, is quashed. Sd/- V.G.ARUN JUDGE SSK/28/03 2025:KER:28237 Crl.M.C.No.1610 of 2025 7 APPENDIX OF CRL.MC 1610/2025 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE FIR IN CRIME NO. 2888 OF 2015 DATED 24.12.2015 OF THE KOTTIYAM POLICE STATION IS PRODUCED HEREWITH AND IS MARKED AS ANNEXURE A1. THE KOTTIYAM POLICE Annexure A2 A TRUE COPY OF THE CHARGE/FINAL REPORT IN C.C. 363/2017 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, KOLLAM Annexure A3 AFFIDAVIT DATED 10.02.2025 HAS BEEN SWORN BY THE THIRD RESPONDENT/DE-FACTO COMPLAINT BEFORE THIS HON’BLE COURT Annexure A4 AFFIDAVIT DATED 10.02.2025 HAS BEEN SWORN BY THE FOURTH RESPONDENT/CW2 BEFORE THIS HON’BLE COURT Annexure A5 AFFIDAVIT DATED 10.02.2025 HAS BEEN SWORN BY THE FIFTH RESPONDENT/CW3 BEFORE THIS HON’BLE COURT Annexure A6 AFFIDAVIT DATED 10.02.2025 HAS BEEN SWORN BY THE SIXTH RESPONDENT/CW4 BEFORE THIS HON’BLE COURT RESPONDENTS EXHIBITS : NIL TRUE COPY P.A. TO JUDGE