2025:KER:28983 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 1ST DAY OF APRIL 2025/11TH CHAITHRA, 1947 CRL.MC NO. 2031 OF 2025 CRIME NO.941/2023 OF PULIKEEZHU POLICE STATION, PATHANAMTHITTA AGAINST THE ORDER/JUDGMENT IN CC NO.202 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS, THIRUVALLA PETITIONERS/ACCUSED 1 & 2: 1 PRAVEEN, AGED 23 YEARS, S/O PRAMOD, RESIDING AT IRAMPALLIL HOUSE, GANAPATHYPURAM, PERINGARA P.O., PERINGARA VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT, PIN - 689108 2 PRANAVU, AGED 26 YEARS, S/O PRAMOD, RESIDING AT IRAMPALLIL HOUSE, GANAPATHYPURAM, PERINGARA P.O., PERINGARA VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT, PIN - 689108 BY ADV K.N.RADHAKRISHNAN(THIRUVALLA) RESPONDENTS/STATE/DEFACTO COMPLAINANT AND INJURED: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULUM, PIN - 682031 2 ANUKUTTAN, AGED 32 YEARS, S/O ANIYAN, MADANPISERRIL HOUSE, GANAPATHYPURAM, PERINGARA P.O., PERINGARA VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT, PIN - 689108 CRL.MC NO. 2031 OF 2025 2 2025:KER:28983 3 ANIYAN, AGED 64 YEARS, S/O KUNJU, RESIDING AT MADANPISERRIL HOUSE, GANAPATHY PURAM, PERINGARA P.O., PERINGARA VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT, PIN - 689108 BY ADV ANJU SUSAN REJI SRI.RENJITH GEORGE, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 2031 OF 2025 3 2025:KER:28983 ORDER Dated this the 1st day of April, 2025 The petitioners are accused Nos.1 and 2 in Crime No.941 of 2023 registered at the Pulikeezhu Police Station for offences punishable under Sections 447, 323, 427, 294(b) and 34 of the Indian Penal Code, now pending as C.C No.202 of 2024 on the files of the Judicial First Class Magistrate Court, Thiruvalla. 2. The crime was registered on the allegation that, on 10.12.2023, at about 18:45 hours, the accused, due to prior animosity, assaulted the 3rd respondent and broke the window panes of his house, causing a loss of Rs.10,000/-. It is further alleged that when the de facto complainant tried to intervene, he was also assaulted. 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 3 and 4 affidavits have been filed by respondents 2 and 3 vouching this fact. CRL.MC NO. 2031 OF 2025 4 2025:KER:28983 4. Learned Counsel for respondents 2 and 3 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 and having perused the affidavits, the contents of which are vouched to be true and voluntary by the Counsel for respondents 2 and 3, 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 2 CRL.MC NO. 2031 OF 2025 5 2025:KER:28983 final report in Crime No.941 of 2023 of Pulikeezhu Police Station and all further proceedings in C.C No.202 of 2024 on the files of the Judicial First Class Magistrate Court, Thiruvalla, as against the petitioners, is quashed. Sd/- V.G.ARUN JUDGE ARK CRL.MC NO. 2031 OF 2025 6 2025:KER:28983 APPENDIX OF CRL.MC 2031/2025 PETITIONER ANNEXURES ANNEXURE 1 THE CERTIFIED COPY OF FIR IN CRIME NO.941 OF 2023 OF THE PULIKEEZHU POLICE STATION DATED 11.12.2023 ANNEXURE 2 THE CERTIFIED COPY OF FINAL REPORT IN C.C NO. 202 /2024 ON THE FILE OF JUDICIAL FIRST-CLASS MAGISTRATE COURT, THIRUVALLA DATED 28.01.2024. ANNEXURE 3 THE AFFIDAVIT SWORN BY THE SECOND RESPONDENT DATED 01.02.2025. ANNEXURE 4 THE AFFIDAVIT SWORN BY THE THIRD RESPONDENT DATED 01.02.2025.