2025:KER:27656 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. 2172 OF 2025 CRIME NO.1299/2024 OF Kottiyam Police Station, Kollam CC NO.18 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM PETITIONERS/ACCUSED 1 TO 3: 1 SHAHUL HAMEEED, AGED 23 YEARS THENGUVALA VEEDU, NEAR NSS COLLEGE, THAZHUTHALA, KOTTIYAM, KOLLAM, PIN – 691571. 2 ABBAY , AGED 22 YEARS THENGUVILA VEEDU, THATTARKONAM, THRIKKOVILVATTOM, KOLLAM, PIN – 691005. 3 SHARAN MOHAN, AGED 22 YEARS SYAM BHAVAN, THAZHUTHALA KOTTIYAM, KOLLAM, PIN – 691571. BY ADVS. ABHILASH.B VRINDA BABU SRIKANTH THAMBAN DEVIKA SURESH RESPONDENT S / RESPONDENTS/STATE AND DE FACTO COMPLAINANT : 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, 2025:KER:27656 CRL.MC NO. 2172 OF 2025 2 HIGH COURT OF KERALA, PIN – 682031. 2 STATION HOUSE OFFICER,. KOTTIYAM POLICE STATION, KOLLAM, PIN - 691571 3 IJAS, AGED 23 YEARS SAIDALI MANZIL, PERAYAM, UMAYANALLOR P.O THAZUTHALA, KOLLAM, PIN – 691589. BY ADV AMAN MANZOOR SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:27656 CRL.MC NO. 2172 OF 2025 3 ORDER Petitioners are the accused in Crime No.1299 of 2024 registered at the Kottiyam Police Station for offences punishable under Sections 126(2), 115(2), 118(1), 324(4), 324(5) and 3(5) of the BNS, 2023, now pending as C.C No.18 of 2025 on the files of the Judicial First Class Magistrate Court-II, Kollam. 2. The crime is registered on the allegation that, at about 11 p.m. on 25.11.2024, accused, due to previous enmity, wrongfully restrained the de facto complainant and attacked him using a stone. It is further alleged that the accused destroyed the mobile phone of the de facto complainant, thereby causing loss of Rs.1,00,000/-. 3. Learned Counsel for the petitioners submits that the dispute, which led to the incident and registration of the crime, is settled and an affidavit has been filed by the 3rd respondent vouching this fact. 2025:KER:27656 CRL.MC NO. 2172 OF 2025 4 4. Learned Counsel for the 3rd respondent also submitted that the dispute is settled and his client has no grievance against the petitioners. 5. Learned Public Prosecutor submitted that authenticity of the affidavit has been verified but the 1st accused is involved in three other crimes. 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 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 2025:KER:27656 CRL.MC NO. 2172 OF 2025 5 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 so far as the dispute involved in this case is settled, pendency of other crimes need not deter this Court from invoking the inherent power under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023. In the result, this Crl.M.C is allowed. Annexure A1 final report and all further proceedings in C.C No.18 of 2025 on the files of the Judicial First Class Magistrate Court-II, Kollam, as against the petitioners, is quashed. Sd/- V.G.ARUN JUDGE Sru 2025:KER:27656 CRL.MC NO. 2172 OF 2025 6 APPENDIX OF CRL.MC 2172/2025 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FINAL REPORT DATED 30-12-2024 FILED BY THE 2ND RESPONDENT. Annexure A2 A CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 1299/2024 OF KOTTIYAM POLICE STATION, KOLLAM CITY DATED 26.11.2024 Annexure A3 AFFIDAVIT SWORN BY THE DE FACTO COMPLAINANT 20.02.2025