2025:KER:22843 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 18TH DAY OF MARCH 2025 / 27TH PHALGUNA, 1946 CRL.MC NO. 2256 OF 2025 CRIME NO.1243/2017 OF Chathannoor Police Station, Kollam CC NO.563 OF 2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - II, PARAVUR PETITIONER/ACCUSED: SUNIL KUMAR AGED 38 YEARS S/O MURUKAN, KALLUVILA HOUSE, PONGUVILA, MAMPALLIKUNNAM, MEENAD, KOLLAM, PIN – 691572. BY ADVS. M.R.SASITH R.K.CHIRUTHA ANJANA SURESH.E REETHU JACOB LIDHIYA GEORGE HASNA JABIL RESPONDENT/STATE & DE FACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031. 2 BABU AGED 63 YEARS S/O KUNJAN PILLAI, ABHILEKSHMI HOUSE, MAMPALLIKUNNAM, MEENADU, CHATHANNOOR, KOLLAM, PIN – 691572. 2025:KER:22843 CRL.MC NO. 2256 OF 2025 2 3 THE STATION HOUSE OFFICER CHATHANNOOR POLICE STATION, KOLLAM, PIN – 691572. SMT.PUSHPALATHA M.K, SR.PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:22843 CRL.MC NO. 2256 OF 2025 3 ORDER Petitioner is the accused in Crime No.1243 of 2017 registered at the Chathannur Police Station for offences punishable under Sections 294(b), 323, 427 and 506 of the Indian Penal Code, now pending as C.C No.563 of 2017 on the files of the Judicial First Class Magistrate Court-II, Paravur. 2. The crime is registered on the allegation that, at 5 p.m on 26.04.2017, due to previous enmity, the petitioner attacked the de facto complainant and caused damage to his shop, thereby causing loss of Rs.1,000/-. 3. Learned Counsel for the petitioner submits that the dispute, which led to the incident and registration of the crime, is settled and Annexure-A3 affidavit has been filed by the 2nd respondent vouching this fact. 4. Learned Counsel for the 2nd respondent also submitted that the dispute is settled and his client has no grievance against 2025:KER:22843 CRL.MC NO. 2256 OF 2025 4 the petitioner. 5. I heard the learned Public Prosecutor also. 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 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. In the result, this Crl.M.C is allowed. Annexure-A2 final 2025:KER:22843 CRL.MC NO. 2256 OF 2025 5 report and all further proceedings in C.C No.563 of 2017 on the files of the Judicial First Class Magistrate Court-II, Paravur, as against the petitioner, is quashed. Sd/- V.G.ARUN JUDGE Sru 2025:KER:22843 CRL.MC NO. 2256 OF 2025 6 APPENDIX OF CRL.MC 2256/2025 PETITIONER’S ANNEXURES Annexure-A1 THE CERTIFIED COPY OF THE FIR ALONG WITH FIS IN CRIME NO.1243/2017 OF CHATHANNOOR POLICE STATION, KOLLAM. Annexure-A2 THE CERTIFIED COPY OF FINAL REPORT IN CC NO.563/2017 PENDING BEFORE THE HON’BLE JUDICIAL FIRST CLASS MAGISTRATE COURT (TEMPORARY), PARAVOOR IN CRIME NO.1243/2017 OF CHATHANNOOR POLICE STATION, KOLLAM. Annexure-A3 THE ORIGINAL AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT DATED 03.03.2025.