2025:KER:31354 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 17TH DAY OF MARCH 2025 / 26TH PHALGUNA, 1946 CRL.MC NO. 2083 OF 2025 CRIME NO.1527/2022 OF Town East Police Station, Thrissur IN CC NO.1214 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I,THRISSUR PETITIONERS/ACCUSED 1 & 2: 1 SAJEESH AGED 38 YEARS S/O SHANKARAN, ARIMBOOR HOUSE, PERINGANNOOR, PERAMANGALAM, THRISSUR, PIN - 680545 2 BINOY AGED 42 YEARS S/O RAPPAI, KALLAPARAMBIL HOUSE,KALLOORDESAM, THRISSUR, PIN - 680317 BY ADVS. AMEER SALIM NESILI NAZEER RESPONDENTS/STATE/COMPLAINANT: 1 STATE OF KERALA REP. BY PUBLIC PROSECUTOR. HIGHCOURT OF KERALA,ERNAKULAM, PIN - 682031 2 BABEESH AGED 38 YEARS S/O BHARATHAN, CHANASSERY HOUSE, PELAKKATTUPAYYUR DESAM, CHOONDAL, THRISSUR, PIN - 680502 BY ADV ROY ANTONY SRI. M.C. ASHI, PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C. No.2083 of 2025 2025:KER:31354 2 ORDER Dated this the 17th day of March, 2025 Petitioners are accused nos.1 and 2 in Crime No.1527 of 2022 registered at the Thrissur Town East Police Station for offences punishable under Sections 341, 323, 294(b), 506 and 34 of the Indian Penal Code, now pending as C.C.No.1214 of 2022 on the files of the Judicial First Class Magistrate Court-I, Thrissur. 2. The crime was registered on the allegation that, at about 17:55 hours on 04.08.2022, the accused, due to prior animosity, trespassed into the bus in which the de facto complainant was working as driver and thereafter, threatened, abused and assaulted him. 3. Learned Counsel for the petitioners submitted that the dispute, which led to the incident and registration of the crime, is amicably settled and Annexure C affidavit has been filed by the 2nd respondent vouching this fact. Crl.M.C. No.2083 of 2025 2025:KER:31354 3 4. Learned Counsel for the 2nd respondent also submitted that the dispute is settled and his client has no grievance against the petitioners. 5. Learned Public Prosecutor submitted that, even though the defacto complainant had stated that he has no objection in the proceedings against the petitioners being quashed, the fact that petitioners are drivers of stage carriages and are involved in other crimes should be taken into consideration. 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, there is no possibility of the criminal proceedings ending in conviction. As such, continuance of the proceedings will amount to an abuse of process Crl.M.C. No.2083 of 2025 2025:KER:31354 4 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. Insofar as the dispute in this case is settled, pendency of other crimes need not also deter this Court from exercising the inherent power under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. At the same time, the fact that the enmity among employees of stage carriages is resulting in those persons often indulging in acts of violence, disrupting movement of other vehicles and nuisance to the passengers is a cause of concern. Therefore, while allowing the Crl.M.C, the petitioners and others like them are put on notice that, in future, no indulgence will be shown by this Court. Crl.M.C. No.2083 of 2025 2025:KER:31354 5 In the result, this Crl.M.C is allowed. Annexure B Final Report in Crime No.1527 of 2022 of Thrissur Town East Police Station, and all further proceedings in C.C.No.1214 of 2022 on the files of the Judicial First Class Magistrate Court-I, Thrissur, as against the petitioners, is quashed. Sd/- V.G.ARUN JUDGE NB/17-3 Crl.M.C. No.2083 of 2025 2025:KER:31354 6 APPENDIX OF CRL.MC 2083/2025 PETITIONER ANNEXURES Annexure A TRUE COPY OF THE F I R NO. 1527/2022 DATED 07.08.2022 IN CRIME NO. 1527/2022 OF TT EAST POLICE STATION, THRISSUR DISTRICT Annexure B CERTIFIED COPY OF THE FINAL REPORT NO. 1393/2022 DATED 10.08.2022 IN CRIME NO. 1527/2022 OF TT EAST POLICE STATION, THRISSUR DISTRICT Annexure C ORIGINAL OF THE AFFIDAVIT SIGNED BY THE 2NDRESPONDENT DATED 30.01.2025 TRUE COPY P.A. TO JUDGE