2025:KER:29226 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. 1643 OF 2025 CRIME NO.1825/2021 OF Thoppumpady Police Station, Ernakulam IN CC NO.720 OF 2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS - II, KOCHI PETITIONERS/ACCUSED: 1 BIBIN M.B, AGED 23 YEARS S/O BABU, MALAYIL HOUSE, PANDIKKUDY, MATTANCHERRY, ERNAKULAM DISTRICT, PIN - 682002 2 VISHNU P.S, AGED 21 YEARS S/O SABU, PEEDIKAPPARAMBU HOUSE,EZHUPUNNA SOUTH, KODAMTHURUTH VILLAGE, ALAPPUZHA DISTRICT, PIN - 688535 3 MEHABOOBA ASHIK HUSSAIN, AGED 21 YEARS S/O ASHIK HUSAIN,HOUSE NO: 11/1010, UNNIRAMESHA ROAD, THOPPUMPADY, ERNAKULAM DISTRICT, PIN - 682005 4 ADITHYAN, AGED 24 YEARS S/O SUNIL, H.NO 21/1852 E, THOZHUTHINKAL, NSS ROAD, PALLURUTHY, ERNAKULAM DISTRICT, PIN - 682006 5 FIROZA, AGED 23 YEARS S/O ASHRAF, HOUSE NO: 51/1463A, PUTHUKKATTUPARAMBU, MATTACHERRY, ERNAKULAM DISTRICT, PIN - 682002 BY ADV SRUTHY UNNIKRISHNAN 2025:KER:29226 Crl.M.C.No.1643 of 2025 2 RESPONDENTS/STATE: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 ABHISHEK ANTONY BERLY, AGED 24 YEARS S/O JOSEPH BERLY, PALAPARAMBU VEETTIL, RAMESHARAM VILLAGE, THOPPUMPADY, ERNAKULAM DISTRICT,, PIN - 682005 BY ADV XAVIER K.K. 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:29226 Crl.M.C.No.1643 of 2025 3 ORDER Dated this the 25th day of March, 2025 Petitioners are the accused in Crime No.1825 of 2021 registered at the Thoppumpady Police Station for offences punishable under Sections 143, 147, 323, 325 and 149 of IPC, now pending as C.C No.720 of 2021 on the files of the Judicial First Class Magistrate Court-II, Kochi. 2. The crime is registered on the allegation that at about 07:30 p.m on 01.11.2021, the petitioners assaulted the defacto complainant, on the premise that he injured their friend. 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 Annexure III affidavit has been filed by the 2nd respondent, vouching this fact. 2025:KER:29226 Crl.M.C.No.1643 of 2025 4 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. 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 by the Honourable Supreme Court in Madan Mohan Abbot v State of Punjab [(2008) 4 SCC 582] and 2025:KER:29226 Crl.M.C.No.1643 of 2025 5 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 II final report and all further proceedings in Crime No.1825 of 2021 registered at the Thoppumpady Police Station, now pending as C.C No.720 of 2021 on the files of the Judicial First Class Magistrate Court-II, Kochi, as against the petitioners, is quashed. Sd/- V.G.ARUN JUDGE SSK/25/03 2025:KER:29226 Crl.M.C.No.1643 of 2025 6 APPENDIX OF CRL.MC 1643/2025 PETITIONER ANNEXURES Annexure I A TRUE COPY OF THE FIR IN CRIME NO. 1825/2021 OF THOPPUMPADY POLICE STATION, ERNAKULAM Annexure II A TRUE COPY OF THE FINAL REPORT IN CRIME NO. 1825/2021 OF THOPPUMPADY POLICE STATION, ERNAKULAM Annexure III A TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 04/01/2025 RESPONDENTS EXHIBITS : NIL TRUE COPY P.A. TO JUDGE