2025:KER:23408 CRL.MC NO. 1716 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 18TH DAY OF MARCH 2025 / 27TH PHALGUNA, 1946 CRL.MC NO. 1716 OF 2025 CRIME NO.1332/2019 OF KADAKKAL POLICE STATION, KOLLAM AGAINST THE ORDER/JUDGMENT IN CC NO.695 OF 2020 OF ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT,KOTTARAKKARA PETITIONERS: 1 JOY, AGED 51 YEARS S/O VAMADEVAN, KOCHUVILA VEEDU, KOCHITTUPURAM, KADAKKAL VILLAGE, EDATHARA PO, KOLLAM DISTRICT, PIN - 691536 2 SHANTI, AGED 61 YEARS S/O SREEDHARAN, SREERANGAM, KOCHITTUPURAM ,KADAKKAL VILLAGE, EDATHARA PO, KOLLAM DISTRICT, PIN - 691536 3 SHIBU @THAMBI , AGED 54 YEARS S/O DHARMA RAJAN, V.P HOUSE, MAHADEVAR KUNNU, SHEEBA MANDHIRAM , MOONUPURAM EDATHARA P.O,KADAKKAL VILLAGE , KOLLAM DISTRICT, PIN - 691536 4 SHAIJU, AGED 43 YEARS S/O RAGHAVAN, MATTIDAMPARA VEEDU, THUMPODU, ATTUPURAM, KADAKKAL P.O, KADAKKAL VILLAGE, KOLLAM DISTRICT, PIN - 691536 BY ADV ALEXANDER GEORGE 2025:KER:23408 CRL.MC NO. 1716 OF 2025 2 RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, PIN - 682031 2 STATION HOUSE OFFICER, KADAKKAL POLICE STATION, KOLLAM DISTRICT., PIN - 691536 3 SAJI, AGED 42 YEARS S/O DEVARAJAN, SAJI VILASAM VEEDU, KATTADIMOODU,ELAMPAZHANOOR P.O, KADAKKAL VILLAGE, KOLLAM DISTRICT, PIN - 691534 4 DILEESH, AGED 40 YEARS S/O DAS , PANTHADIKKUM POIKAYIL VEEDU, KATTADIMOODU, KRISHNAPURAM, ELAMPAZHANOOR P.O,KADAKKAL VILLAGE, KOLLAM DISTRICT, PIN - 691534 5 VIPINJITH, AGED 48 YEARS S/O. THULASEEDAS., KAVANIYOTTU VEEDU, NEDUMANPURAM, ELAMPAZHANOOR P.O, KADAKKAL VILLAGE, KOLLAM DISTRICT, PIN - 691534 BY ADVS ATHIRA RAMESH SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:23408 CRL.MC NO. 1716 OF 2025 3 ORDER Dated this the 18th day of March, 2025 Petitioners are accused Nos.1 to 4 in Crime No.1332 of 2019 registered at the Kadakkal Police Station for offences punishable under Sections 323, 324 and 308 read with Section 34 of the Indian Penal Code, now pending as S.C.No.695 of 2020 on the files of the Assistant Sessions Court, Kottarakkara. 2. The crime was registered on the allegation that, on 27.07.2019 at about 22:30 hours, the accused, due to prior animosity, assaulted the de facto complainant using a spanner and knife, 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 Annexures 2 to 4 affidavits have been filed by respondents 3 to 5 vouching this fact. 4. Learned Counsel for respondents 3 to 5 also submitted that the dispute is settled and her clients have no grievance against the petitioners. 5. I heard the learned Public Prosecutor also. 6. Having considered the gravity of the offences alleged 2025:KER:23408 CRL.MC NO. 1716 OF 2025 4 and having perused the affidavits, the contents of which are vouched to be true and voluntary by the Counsel for respondents 3 to 5 , 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 1 final report in Crime No.1332 of 2019 of Kadakkal Police Station and all further proceedings in S.C.No.695 of 2020 on the files of the Assistant Sessions Court, Kottarakkara, as against the petitioners, is quashed. Sd/- V.G.ARUN, JUDGE SPV 2025:KER:23408 CRL.MC NO. 1716 OF 2025 5 APPENDIX OF CRL.MC 1716/2025 PETITIONERS’ ANNEXURES ANNEXURE 1 THE TRUE COPY OF THE FIRST INFORMATION REPORT AND FINAL CHARGE IN CRIME 1332/2019 OF KADAKKAL POLICE STATION DATED 28.07.2019 ANNEXURE 2 THE TRUE COPY OF THE AFFIDAVIT FILED BY CW1 DATED ON 7.02.2025 ANNEXURE 3 THE TRUE COPY OF THE AFFIDAVIT FILED BY CW2 DATED ON 7.02.2025 ANNEXURE 4 THE TRUE COPY OF THE AFFIDAVIT FILED BY CW3 DATED ON 7.02.2025 RESPONDENTS’ ANNEXURES : NIL //TRUE COPY// PA TO JUDGE