2025:KER:29567 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 CRL.MC NO. 2096 OF 2025 CRIME NO.476/2022 OF Edavanna Police Station, Malappuram IN CC NO.1427 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS- I,MANJERI PETITIONER/ACCUSED: MUHAMMED YASAR, AGED 29 YEARS /O MARAKKAR, PARAKKAL, KARAPARAMBU, CHATHALLUR P.O, PERAKAMANNA P.O, CHATHALLUR, MALAPPURAM, PIN - 676541 BY ADV KRISHNAPRIYA SREEKUMAR RESPONDENTS/STATE AND DEFACTO COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 SAHIJU VK, AGED 35 YEARS S/O VELU, VALAKODAN, KARAPARAMBU, CHATHALOOR P.O, PERAKAMANNA, MALAPPURAM, PIN - 676541 BY ADV DEVIKA K.R. SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:29567 Crl.M.C.No.2096 of 2025 2 ORDER Dated this the 3rd day of April, 2025 Petitioner is the sole accused in Crime No.476 of 2022 registered at the Edavanna Police Station for offences punishable under Sections 341 and 323 of IPC, now pending as C.C No.1427 of 2022 on the files of the Judicial First Class Magistrate Court-I, Manjeri. 2. The crime is registered on the allegation that at about 20:30 hours on 30.06.2022, the accused, due to political rivalry, restrained the defacto complainant and assaulted him, thereby causing injuries. 3. Learned Counsel for the petitioner submitted that the dispute, which led to the incident and registration of the crime, is amicably settled between the parties and Annexure 2 affidavit has been filed by the 2nd respondent, vouching this fact. 2025:KER:29567 Crl.M.C.No.2096 of 2025 3 4. Learned Counsel for the 2nd respondent also submitted that the dispute is settled and her client has no grievance against the petitioner. 5. I heard the learned Public Prosecutor also. 6. Having considered the gravity of the offences alleged and having perused the affidavit, contents of which is 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, 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 2025:KER:29567 Crl.M.C.No.2096 of 2025 4 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 report and all further proceedings in Crime No.476 of 2022 registered at the Edavanna Police Station, now pending as C.C No.1427 of 2022 on the files of the Judicial First Class Magistrate Court-I, Manjeri, as against the petitioner, is quashed. Sd/- V.G.ARUN JUDGE SSK/03/04 2025:KER:29567 Crl.M.C.No.2096 of 2025 5 APPENDIX OF CRL.MC 2096/2025 PETITIONER ANNEXURES Annexure 1 CERTIFIED COPY OF THE FINAL REPORT ALONG WITH MEMORANDUM OF EVIDENCE IN CC 1427 OF 2022 ON THE FILES OF THE HON’BLE JUDICIAL FIRST CLASS MAGISTRATE-I, MANJERI Annexure 2 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 25/01/2025 RESPONDENTS EXHIBITS : NIL TRUE COPY P.A. TO JUDGE