2025:KER:25540 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. 1857 OF 2025 CRIME NO.264/2018 OF CHOMBALA POLICE STATION, KOZHIKODE AGAINST THE ORDER/JUDGMENT IN CC NO.414 OF 2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS, VADAKARA PETITIONER/ACCUSED NO.1: ISMAYIL, AGED 42 YEARS, S/O IBRAHIM, THAHIRA MANZIL, MADAPALLI COLLEGE, VADAKARA, KOZHIKODE, PIN - 673102 BY ADVS. K.REEHA KHADER SREELAKSHMI SABU UMMUL FADLA T. HASANATH P. RESPONDENTS/STATE/DEFACTO COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 JANSEER, AGED 34 YEARS, S/O HAMEED, FISHMAN COLONY, CHOMBALA (PO), VATAKARA THALUK, KOZHIKODE DISTRICT, PIN - 691566 BY ADV P.K.SUBHASH 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. 1857 OF 2025 2 2025:KER:25540 O R D E R Dated this the 25th day of March, 2025 Petitioner is the 1st accused in Crime No.264 of 2018 registered at the Chombala Police Station for offences under Sections 143, 147, 148, 341, 323, 324, 294(b) and 506 read with Section 149 of the Indian Penal Code. 2. The crime is registered on the allegation that, on 30.11.2018, at about 11:30 pm, the accused wrongfully restrained the de facto complainant, verbally abused, intimidated and assaulted him. The 1st accused allegedly beat the defacto complainant with an iron rod and attacked him with a knife. On submission of final report, the case was taken on the files of the Judicial First Class Magistrate Court, Vatakara as C.C No.414 of 2019. 3. Learned Counsel for the petitioner CRL.MC NO. 1857 OF 2025 3 2025:KER:25540 submits that the dispute, which had led to the incident and registration of the crime, was settled amicably between the accused and the de facto complainant. On the strength of that settlement, the other accused had approached this Court and proceedings against them were quashed as per Annexure A3 order in Crl.M.C No.11023 of 2023. It is submitted that the de facto complainant has filed an affidavit, vouching the factum of settlement in this case also. 4. Learned Public Prosecutor also submitted that the dispute is settled and the authenticity of the affidavit filed has been verified. 5. The submission was reiterated by the Counsel for the de facto complainant also. 6. In the light of the settlement and quashing of the proceedings against the co-accused, no purpose will be served by compelling the CRL.MC NO. 1857 OF 2025 4 2025:KER:25540 petitioner to face trial. In the result, the Crl.M.C is allowed. Annexure A1 final report in Crime No.264 of 2018 of Chombala Police Station, now pending as C.C No.114 of 2024 on the files of the Judicial First Class Magistrate Court-I, Vatakara, and all further proceedings thereon, as against the petitioner, is quashed. Sd/- V.G.ARUN JUDGE ARK CRL.MC NO. 1857 OF 2025 5 2025:KER:25540 APPENDIX OF CRL.MC 1857/2025 PETITIONER ANNEXURES ANNEXURE A1 A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.264/2018 OF CHOMBALA POLICE STATION, KOZHIKODE DISTRICT PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT- VATAKARA KOZHIKODE AS CC NO. 414/2019 ALONG WITH MEMORADUM OF EVIDENCE, STATEMENT OF WITNESSES ANNEXURE A2 DEFACTO COMPLANANT'S AFFIDAVIT ANNEXURE A3 A TRUE COPY ORDER DATED 17-01-2024 IN CRL MC 11023/2023