Extracted from the PDF above. The PDF is authoritative.
2025:KER:24927 CRL.MC NO. 1595 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 CRL.MC NO. 1595 OF 2025 CRIME NO.897/2023 OF KOLAVALLUR POLICE STATION, KANNUR AGAINST THE ORDER/JUDGMENT IN CC NO.250 OF 2024 OF CHIEF JUDICIAL MAGISTRATE ,THALASSERY PETITIONERS: 1 EASA KOOVARIL, AGED 36 YEARS S/O AHAMMED, KOOVERIYIL HOUSE, THUVAKKUNNU, KANNUR, PIN - 670693 2 MUHAMMED ABDULLA, AGED 30 YEARS S/O YOUSAF,ADIYOTTIL HOUSE, THRIPRANGOTTUR, VILAKOTTUR PO, KANNUR, PIN - 670693 3 FAHAD U K, AGED 31 YEARS S/O YOUSAF,UKKACHANKANDIYIL HOUSE, KOLAVALLUR AMSOM, THUVAKKUNNU PO, KANNUR, PIN - 670693 4 ABDUL MUSAVIR, AGED 31 YEARS S/O MOOSSA HAJI M, MORANANDIYIL HOUSE, KOLAVALLUR, THUVAKUNNU, KANNUR, PIN - 670693 BY ADV T.H.RAIHANATH
2025:KER:24927 CRL.MC NO. 1595 OF 2025 2 RESPONDENT
S : 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 RAMITH CK, AGED 33 YEARS S/O RAGHAVAN ,RESIDING AT NELLIYULLA MATTATH HOUSE,THRIPPRANGOTTUR, VADAKKEPOYILOOR, THALASSERRY, KANNUR, PIN - 670693 3 ADARSH P, AGED 27 YEARS S/O NARAYANA, RESIDING AT PARAMBANCHERRY HOUSE, THRIPPRANGOTTUR, VADAKKEPOYILOOR, THALASSERRY,KANNUR, PIN - 670693 BY ADVS AJMAL P.
PP M.C.ASHI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:24927 CRL.MC NO. 1595 OF 2025 3 ORDER Dated this the 24th day of March, 2025 Petitioners are accused Nos.1 to 4 in Crime No.897 of 2023 registered at the Kulavallur Police Station for offences punishable under Sections 341, 323, 324, 294(b) and 34 of the Indian Penal Code, now pending as C.C.No.250 of 2024 on the files of the Chief Judicial Magistrate Court, Thalassery. 2. The crime was registered on the allegation that, on 21.12.2023 at about 11:00 PM, due to prior enmity, accused restrained, verbally abused and assaulted respondents 2 and 3, alleging overspeed while riding a motorcycle through a public road. 3. Learned Counsel for the petitioners submitted that the dispute, which led to the incident and registration of the crime, is amicably settled and Annexures A3 and A4 affidavits have been filed by respondents 2 and 3 vouching this fact. 4. Learned Counsel for respondents 2 and 3 also submitted that the dispute is settled and his clients have no grievance against the petitioners. 5. I heard the learned Public Prosecutor also. 6.
Having considered the gravity of the offences
2025:KER:24927 CRL.MC NO. 1595 OF 2025 4 alleged and having perused the affidavits, the contents of which are vouched to be true and voluntary by the Counsel for respondents 2 and 3, 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.897 of 2023 of Kulavallur Police Station and all further proceedings in C.C.No.250 of 2024 on the files of the Chief Judicial Magistrate Court, Thalassery, as against the petitioners, is quashed. Sd/- V.G.ARUN, JUDGE SPV
2025:KER:24927 CRL.MC NO. 1595 OF 2025 5 APPENDIX OF CRL.MC 1595/2025 PETITIONERS’ ANNEXURES ANNEXURE A1 THE TRUE COPY OF THE FIR IN CRIME NO. 897 OF 2023, KULAVALLUR POLICE STATION KANNUR DISTRICT DATED 22.12.2023 ANNEXURE A2 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO. 897 OF 2023 KULAVALLUR POLICE STATION DATED 03.07.2024 ANNEXURE A3 THE ORIGINAL OF THE AFFIDAVIT DATED 11.02.2025 SWORN BY THE 2ND RESPONDENT BEFORE THIS HON’BLE COURT ANNEXURE A4 THE ORIGINAL OF THE AFFIDAVIT DATED 11.02.2025 SWORN BY THE 3RD RESPONDENT BEFORE THIS HON’BLE COURT RESPONDENTS’
ANNEXURES:
NIL //TRUE COPY// PA TO JUDGE