2025:KER:30059 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. 1579 OF 2025 CRIME NO.435/2023 OF POOYAPALLY POLICE STATION, KOLLAM AGAINST THE ORDER/JUDGMENT IN SC NO.463 OF 2024 OF III ADDITIONAL DISTRICT COURT, KOLLAM PETITIONER/ACCUSED NO.1: AJMAL S, AGED 24 YEARS, S/O SHIBU, A S VILLA, ADAYARA, VELINALLOOR VILLAGE, VELINALLOOR P.O., KOLLAM RURAL, KOLLAM DISTRICT, PIN - 691510 BY ADVS. S.BIJU (KIZHAKKANELA) V.GIRISHKUMAR SUVIN.R.MENON PARSHATHY S.R. CRISTY THERASA SURESH KEERTHANA M. NAIR RESPONDENTS/STATE/DE-FACTO COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER, POOYAPPALLY POLICE STATION, POOYAPPALLY P.O. KOLLAM, PIN - 691537 CRL.MC NO. 1579 OF 2025 2 2025:KER:30059 3 REJI M, S/O MASOOD, RESIDING AT FIDA MANZIL, RODUVILA MURI, VELINALLOOR VILLAGE, VELINALLOOR P.O., KOLLAM DISTRICT, PIN - 691510 BY ADV ACHUTH KRISHNAN R. 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: CRL.MC NO. 1579 OF 2025 3 2025:KER:30059 ORDER Dated this the 25th day of March, 2025 Petitioner is the 1st accused in Crime No.435 of 2023 registered at the Pooyappally Police Station for offences punishable under Sections 341, 323, 324, 427 and 34 of the Indian Penal Code and Section 92(b) of the Rights of Persons with Disabilities Act, now pending as S.C No.463 of 2024 on the files of the Sessions Court, Kollam. 2. The crime was registered on the allegation that, on 24.03.2023, at 12:30 pm, accused, due to prior animosity, obstructed the scooter of the de facto complainant and assaulted him with a stone, thereby causing injuries. It is further alleged that in the scuffle, his phone was damaged and money lost, thereby causing loss of Rs.12,000/-. 3. Learned Counsel for the petitioner submitted that the dispute, which led to the incident and registration of the crime, is amicably settled and CRL.MC NO. 1579 OF 2025 4 2025:KER:30059 Annexure A2 affidavit has been filed by the 3rd respondent vouching this fact. 4. Learned Counsel for the 3rd 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, the contents of which are vouched to be true and voluntary by the Counsel for the 3rd 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 CRL.MC NO. 1579 OF 2025 5 2025:KER:30059 impediment in granting the relief. In the result, this Crl.M.C is allowed. Annexure A1 final report in Crime No.435 of 2023 of Pooyappally Police Station and all further proceedings in S.C No.463 of 2024 on the files of the Sessions Court, Kollam, as against the petitioner, is quashed. Sd/- V.G.ARUN JUDGE ARK CRL.MC NO. 1579 OF 2025 6 2025:KER:30059 APPENDIX OF CRL.MC 1579/2025 PETITIONER ANNEXURES ANNEXURE A1 A TRUE COPY OF THE FINAL REPORT DATED 29.07.2023 SUBMITTED BY THE SECOND RESPONDENT ANNEXURE A2 A TRUE COPY OF THE AFFIDAVIT SWORN BY THE THIRD RESPONDENT DATED 19/12/2024