2025:KER:26433 CRL.MC NO. 1883 OF 2025 1 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. 1883 OF 2025 CRIME NO.332/2025 OF KUNDARA POLICE STATION, KOLLAM PETITIONERS: 1 VIVEK AGED 34 YEARS S/O UDAYAKUMAR, THADATHILVILA VEEDU, VELLIMON WEST P.O, PERINADU, KOLLAM, PIN - 691511 2 SAHASS AGED 24 YEARS S/O SAJEEVAN, AMRUTHA SADANAM, VELLIMON WEST P.O. PERINADU, KOLLAM, PIN - 691511 3 AMALDEEP P AGED 22 YEARS S/O PRADEEP, PRABULCHANDRA VILASAM, VELLIMON WEST P.O, PERINADU, KOLLAM, PIN - 691511 BY ADV AJAYA KUMAR. G RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER KUNDARA POLICE STATION, ELAMPALLOOR, 2025:KER:26433 CRL.MC NO. 1883 OF 2025 2 KUNDARA P.O, KOLLAM, PIN - 691504 3 EBI VIJAYAN @ ABI VIJAYAN AGED 25 YEARS S/O VIJAYAN, KURISSADIKIZHAKKETHIL, CHERUMOODU, VELLIMON P.O, PERINAD, KOLLAM, PIN - 691511 BY ADVS FATHIMA MAJEED SRI. M.C. ASHI, 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:26433 CRL.MC NO. 1883 OF 2025 3 ORDER Dated this the 27th day of March, 2025 The petitioners are accused Nos.1 to 3 in Crime No.332 of 2025 registered at the Kundara Police Station for offences punishable under Sections 189(2), 191(2), 126(2), 296(b), 115(2), 118(1), 110 and 190 of the Bharatiya Nyaya Sanhita, 2023. 2. The crime was registered on the allegation that, on 10/02/2025 at about 10:15pm, accused, due to prior enmity, followed the de facto complainant and restrained him. It is further alleged that they hit him with a steel rod and a thunder bangle and verbally abused him. 3. Learned Counsel for the petitioners submitted that the dispute, which led to the incident and registration of the crime, is amicably settled and Annexure A2 affidavit has been filed by the 3rd respondent vouching this fact. 4. Learned Counsel for the 3rd respondent also submitted that the dispute is settled and her client has no grievance against the petitioners. 5. I heard the learned Public Prosecutor also. 2025:KER:26433 CRL.MC NO. 1883 OF 2025 4 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 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. Annexure A1 FIR and all further proceedings in Crime No.332 of 2025 of Kundara Police Station, as against the petitioners, is quashed. Sd/- V.G.ARUN JUDGE SPV 2025:KER:26433 CRL.MC NO. 1883 OF 2025 5 APPENDIX OF CRL.MC 1883/2025 PETITIONERS’ ANNEXURES ANNEXURE A1 TRUE COPY OF THE FIR WITH FIS IN CRIME NO: 332/2025 OF KUNDARA POLICE STATION, KOLLAM DISTRICT ANNEXURE A2 AN AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 15-02-2025 RESPONDENTS’ ANNEXURES : NIL //TRUE COPY// PA TO JUDGE