2025:KER:26476 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. 1914 OF 2025 CRIME NO.1334/2024 OF Kottayam West Police Station, Kottayam CC NO.494 OF 2024 OF JUDL. MAGI. OF FIRST CLASS-III, KOTTAYAM PETITIONERS/ACCUSED 1 TO 3: 1 ANANDHU SREENI, AGED 38 YEARS S/O. SREENI E.S.,PUTHENPARAMBIL HOUSE, KUDAMALOOR P.O, KOTTAYAM, PIN – 686561. 2 SKARIAH C K, AGED 57 YEARS S/O. LATE. KURIAKOSE, CHIRAPURATHU HOUSE, ESTILOSRANG VILLA, KUDAMALOOR P.O., AIMANAM VILLAGE, KOTTAYAM, PIN – 686617. 3 USHA VARKEY, AGED 55 YEARS W/O. SKARIAH C. K., CHIRAPURATHU HOUSE, ESTILOSRANG VILLA, KUDAMALOOR P.O., AIMANAM VILLAGE, KOTTAYAM, PIN – 686617. BY ADV LITHIN THOMAS RESPONDENTS/STATE AND DE FACTO COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, PIN – 682031. 2 VISHNU A.S. AGED 35 YEARS S/O. SURESH BABU, THAZHATHUMKUZHIYIL (H), KOTTAYAM (P.O), KOTTAYAM, PIN – 686511. 2025:KER:26476 CRL.MC NO. 1914 OF 2025 2 BY ADV ELVIS J. ALEX 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:26476 CRL.MC NO. 1914 OF 2025 3 ORDER Petitioners are the accused in Crime No.1334 of 2024 registered at the Kottayam West Police Station, for offences punishable under Sections 126(2), 296(b), 115(2) and 3(5) of the BNS, 2023, now pending as C.C No.494 of 2024 on the files of the Judicial First Class Magistrate Court-III, Kottayam. 2. The crime is registered on the allegation that, at about 1.45 p.m on 18.08.2024, due to previous enmity, accused wrongfully restrained the de facto complainant while he was in his car, verbally abused and assaulted him. 3. Learned Counsel for the petitioners submits that the dispute, which led to the incident and registration of the crime, is settled and Annexure A3 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:26476 CRL.MC NO. 1914 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 A2 final report and all further proceedings in C.C No.494 of 2024 on the 2025:KER:26476 CRL.MC NO. 1914 OF 2025 5 files of the Judicial First Class Magistrate Court-III, Kottayam, as against the petitioners, is quashed. Sd/- V.G.ARUN JUDGE Sru 2025:KER:26476 CRL.MC NO. 1914 OF 2025 6 APPENDIX OF CRL.MC 1914/2025 PETITIONERS ANNEXURES Annexure A1 THE TRUE COPY OF THE FIS AND FIR IN CRIME NO.1334/2024 OF KOTTAYAM WEST POLICE STATION DATED 19.08.2024 Annexure A2 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO.1334/2024 OF KOTTAYAM WEST POLICE STATION DATED 31.08.2024 Annexure A3 THE AFFIDAVIT OF THE 2ND RESPONDENT DATED 04/12/2024