2025:KER:26467 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 CRL.MC NO. 1876 OF 2025 CRIME NO.861/2023 OF Kasaba Police Station, Kozhikode CC NO.746 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III, KOZHIKODE PETITIONERS/ACCUSED: 1 MUHAMMED LAMI, AGED 20 YEARS S/O HAROON, PRATHAKSHA HOUSE, NALLALAM (P.O), PUTHUKKUDIPADAM, KOZHIKODE, KERALA, PIN – 673027. 2 DILKKAH ALI, AGED 23 YEARS S/O HAROON, PRATHAKSHA HOUSE, NALLALAM (P.O), PUTHUKKUDIPADAM, KOZHIKODE, KERALA, PIN – 673027. BY ADVS. M.T.SAMEER DEVIKA K.R. SIYAD UMMER RAMEEZ M. AZEEZ RESPONDENT/STAE AND DE FACTO COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031. 2025:KER:26467 CRL.MC NO. 1876 OF 2025 2 2 HARSHAD, AGED 35 YEARS S/O MUHEMMADALI, AAPPATTACHALIL HOUSE, PARAMBIL (P.O), KOZHIKODE, KERALA, PIN – 673012. BY ADV K.R.ARUN KRISHNAN SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:26467 CRL.MC NO. 1876 OF 2025 3 ORDER Petitioners are the accused in Crime No.861 of 2023 registered at the Kasaba Police Station, Kozhikode for offences punishable under Sections 341, 323, 324 and 34 of the Indian Penal Code, now pending as C.C No.746 of 2023 on the files of the Judicial First Class Magistrate Court-III, Kozhikode. 2. The crime is registered on the allegation that, at about 12.00 p.m. on 3.9.2023, the accused restrained and attacked the de facto complainant and caused him injuries while he tried to intervene in the dispute at the neighbouring shop. 3. Learned Counsel for the petitioners submits that the dispute, which led to the incident and registration of the crime, is settled and Annexure 3 affidavit has been filed by the 2nd respondent vouching this fact. 4. Learned Counsel for the 2nd respondent also submitted that the dispute is settled and his client has no grievance against 2025:KER:26467 CRL.MC NO. 1876 OF 2025 4 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 2nd 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 arrived at between the parties, 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 2025:KER:26467 CRL.MC NO. 1876 OF 2025 5 report and all further proceedings in C.C No.746 of 2023 on the files of the Judicial First Class Magistrate Court-III, Kozhikode, as against the petitioners, is quashed. Sd/- V.G.ARUN JUDGE Sru 2025:KER:26467 CRL.MC NO. 1876 OF 2025 6 APPENDIX OF CRL.MC 1876/2025 PETITIONERS ANNEXURES Annexure 1 CERTIFIED COPY OF THE FINAL REPORT IN CC NO 746 / 2023 ON THE FILES OF HON’BLE JFCM-III, KOZHIKODE DATED 16.10.2023 Annexure 2 TRUE COPY OF THE FIR AND FIS IN CRIME NO. 861/2023 OF CUSBA POLICE STATION DATED 10.10.2023 Annexure 3 AFFIDAVIT SIGNED BY THE 2ND RESPONDENT DATED 05.02.2025