2025:KER:22246 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 11TH DAY OF MARCH 2025/20TH PHALGUNA, 1946 CRL.MC NO.1722 OF 2025 CRIME NO.538/2019 OF THADIYITTAPARAMBA POLICE STATION, ERNAKULAM AGAINST THE ORDER/JUDGMENT DATED IN CC NO.133 OF 2021 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KAKKANAD PETITIONERS/ACCUSED NO.2 AND 3 1 SAVIO E.R, AGED 40 YEARS, S/O ELY ROSA, EDACKALAKUDY HOUSE, KIZHAKKAMBALAM P.O, POYYAKUNNAM KARA, ERNAKULAM DISTRICT., PIN - 683562 2 ANEESH BENNY, AGED 34 YEARS, S/O K.A. BENNY, KUZHITHADATHIL HOUSE, KIZHAKKAMBALAM P.O, POYYAKUNNAM KARA, ERNAKULAM DISTRICT., PIN - 683562 BY ADVS. SAM ISAAC POTHIYIL S.SURAJA MUHAMMED SUHAIR C.A RESPONDENT S/RESPONDENTS/DE FACTO COMPLAINANTS & STATE 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031 2025:KER:22246 Crl.MC No.1722 of 2025 2 2 STATION HOUSE OFFICER, THADIYITTAPARAMBU POLICE STATION, ERNAKULAM DISTRICT., PIN - 683105 3 SHARATH, AGED 28 YEARS, S/O VISWAMBARAN, MALAYAMKADU HOUSE, THOTTUMUGHAM, KEEZHMAD, ERNAKULAM DISTRICT., PIN - 683105 BY ADV NEETHU SATHEESH SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:22246 Crl.MC No.1722 of 2025 3 ORDER Dated this the 11th day of March, 2025 Petitioners are accused Nos.2 and 3 in Crime No.538 of 2019 registered at the Thadiyittaparambu Police Station for offences punishable under Sections 341, 323, 324 and 326 r/w Section 34 of IPC, now pending as C.C. No.133 of 2021 on the files of the Judicial First Class Magistrate Court, Kakkanad. 2. The crime is registered on the allegation that at about 07:30 p.m on 07.07.2019, at Kappelapadi in Pazhanganad Kara, Kizhakkambalam Village, accused, due to prior animosity, restrained the defacto complainant and friend and assaulted them using dangerous weapons, 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 between the parties and Annexure A3 affidavit has been filed by the 3rd respondent, vouching this fact. 4. Learned Counsel for the 3rd respondent also 2025:KER:22246 Crl.MC No.1722 of 2025 4 submitted that the dispute is settled and her 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 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. 2025:KER:22246 Crl.MC No.1722 of 2025 5 Annexure A2 final report and all further proceedings in Crime No.538 of 2019 registered at the Thadiyittaparambu Police Station, now pending as C.C. No.133 of 2021 on the files of the Judicial First Class Magistrate Court, Kakkanad, as against the petitioners, is quashed. Sd/- V.G.ARUN JUDGE Cak 2025:KER:22246 Crl.MC No.1722 of 2025 6 APPENDIX OF CRL.MC 1722/2025 PETITIONERS ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO.538/2019 OF THADIYITTAPARAMBU POLICE STATION, ERNAKULAM DISTRICT ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.538/2019 OF THADIYITTAPARAMBU POLICE STATION, ERNAKULAM DISTRICT PENDING BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT, KAKKANAD AS CC133/2021 ANNEXURE A3 THE AFFIDAVIT SWORN BY THE DEFACTO COMPLAINANT DATED 13/02/2025 ANNEXURE A4 THE TRUE COPY OF THE ORDER DATED 23.10.2020 IN CRL.M.C NO. 4752/2020