2025:KER:29017 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. 1677 OF 2025 CRIME NO.256/2023 OF KONDOTTY POLICE STATION, MALAPPURAM AGAINST THE ORDER/JUDGMENT IN CC NO.873 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS, MALAPPURAM PETITIONERS/ACCUSED NO.1 TO 3: 1 ABDU RAHEEM M, AGED 34 YEARS, S/O MUHAMMED, KARUTHEDATHU PALLIYALI HOUSE, MONGAM PO, MALAPPURAM DISTRICT, PIN - 673642 2 MUHAMMED ASHIF M, AGED 25 YEARS, S/O ABDUL AZEES, MADAMBI HOUSE, POOKKOTTUR PO, MALAPPURAM DISTRICT, PIN - 676517 3 MUHAMMED AKBAR, AGED 44 YEARS, S/O HYDRU, PALENGARA HOUSE, POOKKOTTUR PO, AEAVANGARA, MALAPPURAM DISTRICT, PIN - 676517 BY ADV ABDUL HADI M.P. RESPONDENTS/STATE-POLICE & DEFACTO COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 CRL.MC NO. 1677 OF 2025 2 2025:KER:29017 2 STATION HOUSE OFFICER, KONDOTTY POLICE STATION, MALAPPURAM DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 3 MUHAMMED HAFIZ KM, AGED 30 YEARS, S/O MUHAMMED KUTTY, MADATHIL HOSUEM CHIRAYIL, CHUNKAM, CHIRAYIL PO, MALAPPURAM DISTRICT, PIN - 673638 BY ADV A AL FAYAD 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. 1677 OF 2025 3 2025:KER:29017 ORDER Dated this the 25th day of March, 2025 The petitioners are accused Nos.1 to 3 in Crime No.256 of 2023 registered at the Kondotty Police Station for offences punishable under Sections 341, 323, 324 and 294(b) read with 34 of the Indian Penal Code, now pending as C.C No.873 of 2023 on the files of the Judicial First Class Magistrate Court, Malappuram. 2. The crime was registered on the allegation that, on 04.03.2023, at 21:15 hours, the accused wrongfully stopped the tipper lorry driven by the de facto complainant, verbally abused and physically assaulted him, thereby causing injuries. 3. Learned Counsel for the petitioners submitted that the dispute, which led to the incident and registration of the crime, is amicably settled and Annexure A3 affidavit has been filed by the 3rd respondent vouching this fact. 4. Learned Counsel for the 3rd respondent also CRL.MC NO. 1677 OF 2025 4 2025:KER:29017 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, 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 impediment in granting the relief. In the result, this Crl.M.C is allowed. Annexure A2 final report in Crime No.256 of 2023 of Kondotty CRL.MC NO. 1677 OF 2025 5 2025:KER:29017 Police Station and all further proceedings in C.C No.873 of 2023 on the files of the Judicial First Class Magistrate Court, Malappuram, as against the petitioners, is quashed. Sd/- V.G.ARUN JUDGE ARK CRL.MC NO. 1677 OF 2025 6 2025:KER:29017 APPENDIX OF CRL.MC 1677/2025 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE FIR AND FIS IN CRIME NO. 256 2023 OF KONDOTTY POLICE STATION, MALAPPURAM DATED 07.03.2023 ANNEXURE A2 TRUE COPY OF THE FINAL REPORT DATED 27.03.2023 ALONG WITH MEMORANDUM OF EVIDENCE, STATEMENT OF WITNESS, SCENE MAHAZAR FILED BEFORE THE HON’BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, MALAPPURAM IN CC 873 OF 2023 ANNEXURE A3 AFFIDAVIT DATED 01.02.2025 SWORN BY RESPONDENT NO. 3 EVIDENCING SETTLEMENT