2025:KER:27635 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. 2158 OF 2025 CRIME NO.686/2023 OF Kalamassery Police Station, Ernakulam CC NO.286 OF 2023 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KALAMASSERY PETITIONER/ACCUSED: AJEER, AGED 22 YEARS S/O.ABU, KOOLATHINKARA VEEDU, PALLICKAL VILLAGE, KK KONAM P.O, THIRUVANANTHAPURAM, PIN – 695604. BY ADVS. K.SIJU ANJANA KANNATH AHSANA SAFNA P.S. RESPONDENT/STATE & DE FACTO COMPLAINANT & INJURED: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031. 2 THE STATION HOUSE OFFICER, KALAMASSERY POLICE STATION, ERNAKULAM DISTRICT, PIN – 682033. 2025:KER:27635 CRL.MC NO. 2158 OF 2025 2 3 NOUSHAD N.A, S/O.ABDUL RAHMAN, AGED 46 YEARS, NEDUNARA HOUSE, NAD P.O, THRIKKAKARA NORTH VILLAGE, ERNAKULAM, PIN – 682021. 4 BAVA, AGED 41 YEARS S/O.ABDUL KHADAR, SUBAIR ADAMBAYL APARTMENTS , VIDAKUZHAKKARA, THRIKKAKARA NORTH VILLAGE, ERNAKULAM, PIN – 682021. BY ADV A.MUHAMMED RAFFI 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:27635 CRL.MC NO. 2158 OF 2025 3 ORDER Petitioner is the 1st accused in Crime No.686 of 2023 registered at the Kalamasserry Police Station for offences punishable under Sections 380 r/w 34 of the Indian Penal Code, now pending as C.C No.286 of 2023 on the files of the Judicial First Class Magistrate Court, Kalamassery. 2. The crime is registered on the allegation that, between 8.30 p.m and 9.30 p.m on 07.04.2023, accused committed theft of mobile phones worth Rs.6,000/- and Rs.17,990/- belonging to CWs 1 and 2. 3. Learned Counsel for the petitioner submits that the dispute, which led to the incident and registration of the crime, is settled and Annexures A3 and A4 affidavits have been filed by respondents 3 and 4 vouching this fact. 4. Learned Counsel for respondents 3 and 4 also 2025:KER:27635 CRL.MC NO. 2158 OF 2025 4 submitted that the dispute is settled and his clients have 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 affidavits, the contents of which are vouched to be true and voluntary by the Counsel for respondents 3 and 4, 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. 2025:KER:27635 CRL.MC NO. 2158 OF 2025 5 In the result, this Crl.M.C is allowed. Annexure A2 final report and all further proceedings in C.C No.286 of 2023 on the files of the Judicial First Class Magistrate Court, Kalamassery, as against the petitioner, is quashed. Sd/- V.G.ARUN JUDGE Sru 2025:KER:27635 CRL.MC NO. 2158 OF 2025 6 APPENDIX OF CRL.MC 2158/2025 PETITIONERS ANNEXURES Annexure A1 CERTIFIED COPY OF FIR IN CRIME NO.686/2023 KALAMASSERY POLICE STATION DATED 08.04.2023 Annexure A2 CERTIFIED COPY OF FINAL REPORT IN CRIME NO. 686/2023 DATED 17.04.2023 Annexure A3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT REGARDING THE COMPROMISE DATED 28.02.2025 Annexure A4 THE AFFIDAVIT SWORN BY THE 4TH RESPONDENT REGARDING THE COMPROMISE DATED 28.02.2025