2025:KER:24294 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 20TH DAY OF MARCH 2025 / 29TH PHALGUNA, 1946 CRL.MC NO. 1651 OF 2025 CRIME NO.513/2019 OF Perinthalmanna Police Station, Malappuram AGAINST THE ORDER/JUDGMENT DATED IN CC NO.665 OF 2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PERINTHALMANNA PETITIONER/S: 1 ANEEBALI, AGED 33 YEARS S/O USMAN, VENGAMANNIL HOUSE, PALOOR, PULAMANTHOLE PO, MALAPPURAM DISTRICT, PIN - 679323 2 AMEERSHA, AGED 25 YEARS S/O USMAN, VENGAMANNIL HOUSE, PALOOR, PULAMANTHOLE PO, MALAPPURAM DISTRICT, PIN - 679323 3 MUHAMMED SHIBILY, AGED 25 YEARS S/O SAINUDHEEN, PARANTHODAN HOUSE, PALOOR, PULAMANTHOLE PO, MALAPPURAM DISTRICT, PIN - 679323 BY ADV ABDUL HADI M.P. RESPONDENT/S: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER, PERINTHALMANNA POLICE STATION, MALAPPURAM DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 Crl.M.C. No.1651 of 2025 2025:KER:24294 2 3 ANAS MON, AGED 32 YEARS S/O ABDUL RAHIMAN, ANAKM, CHINNAN HOUSE, CHULLIPPARA, VENNIYUR, PO, MALAPPURAM DISTRICT, PIN - 676508 4 MUHAMMED IBRAHIM, AGED 29 YEARS S/O ABDUL RAHIMAN, THAMBARAKKAL HOUSE, KUNDOOR, NANNAMBRA PO, MALAPPURAM ?DISTRICT, PIN - 676320 BY ADV JAMEEL AHAMMED M.S. OTHER PRESENT: SRI. M.C. ASHI, PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C. No.1651 of 2025 2025:KER:24294 3 ORDER Dated this the 20th day of March, 2025 Petitioners are accused nos.1 to 3 in Crime No.513 of 2019 registered at the Perinthalmanna Police Station for offences punishable under Sections 341, 323, 324 and 427 read with Section 34 of the Indian Penal Code, now pending as C.C.No.665 of 2019 on the files of the Judicial First Class Magistrate Court-I, Perinthalmanna. 2. The crime was registered on the allegation that, at about 05:05 pm on 25.09.2019, accused stopped the bus driven by the 3rd respondent and assaulted him and the 4th respondent. It is further alleged that they caused damage to the bus to the tune of Rs. 2500/-. 3. Learned Counsel for the petitioners submitted that the dispute, which led to the incident and registration of the crime, is amicably settled and Crl.M.C. No.1651 of 2025 2025:KER:24294 4 Annexures A3 and A4 affidavits have been filed by respondents 3 and 4 vouching this fact. 4. Learned Counsel for respondents 3 and 4 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 alleged and having perused the affidavits, the contents of which are vouched to be true and voluntary by the Counsel for respondents 3 and 4, 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 Crl.M.C. No.1651 of 2025 2025:KER:24294 5 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.513 of 2019 of Perinthalmanna Police Station and all further proceedings in C.C.No.665 of 2019 on the files of the Judicial First Class Magistrate Court-I, Perinthalmanna, as against the petitioners, is quashed. Sd/- V.G.ARUN JUDGE NB/20-3 Crl.M.C. No.1651 of 2025 2025:KER:24294 6 APPENDIX OF CRL.MC 1651/2025 PETITIONER ANNEXURES ANNEXURE A1 . TRUE COPY OF THE FIR AND FIS IN CRIME NO.513 2019 OF PERINTHALMANNA POLICE STATION, MALAPPURAM DISTRICT DATED 26.09.2019 ANNEXURE A2 TRUE COPY OF THE FINAL REPORT DATED 03.10.2019 ALONG WITH MEMORANDUM OF EVIDENCE, STATEMENT OF WITNESS , SCENE MAHAZAR, BODY MAHAZAR, DAMAGE CERTIFICATE, ACCIDENT CUM WOUND CERTIFICATE FILED BEFORE THE HON’BLE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PERINTHALMANNA IN CC 665 OF 2019 ANNEXURE A3 THE AFFIDAVIT DATED 01.02.2025 SWORN BY RESPONDENT NO. 3 EVIDENCING SETTLEMENT ANNEXURE A4 THE AFFIDAVIT DATED 01.02.2025 SWORN BY RESPONDENT NO. 4 EVIDENCING SETTLEMENT TRUE COPY P.A. TO JUDGE