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2025 DAILYLAW 4166 (KER)

AMAL v. STATE OF KERALA

Crl.MC/2273/2025 · 2025-03-18

V G Arun

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:23390 CRL.MC NO. 2273 OF 2025 1 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. 2273 OF 2025 CRIME NO.389/2025 OF ANGAMALI POLICE STATION, ERNAKULAM PETITIONER/S: 1 AMAL AGED 26 YEARS S/O SURESH, THOTTIPPARAMBI HOUSE, CHULLY PO, CHEENAMCHIRA, AYYAMPUZHA VILLAGE, ALUVATALIK, ERNAKULAM DISTRICT,, PIN - 683581 2 ABY @ EBIN AGED 23 YEARS S/O PAULY, KARODAN HOUSE, KOZHIKULAM, THABORE PO, MOOKKANNOOR VILLAGE, ALUVATALIK, ERNAKULA DISTRICT, PIN - 683577 3 AKHIL AGED 27 YEARS S/O AYYAPPAN, PERUMBADATHY HOUSE, KATTAMPILLY, ATTARA, MOOKKANNOOR PO, MOOKKANNOOR VILLAGE, ALUVATALIK, ERNAKULAM DISTRICT, PIN - 683577 4 BIBIN AGED 29 YEARS S/O SUBRAN, MALANIKOOTTAM HOUSE, ATTARA, MOOKKANNOOR PO, MOOKKANNOOR VILLAGE, ALUVATALIK, ERNAKULAM DISTRICT,, PIN - 683577 BY ADVS. EBIN V.Y. SADIK ISMAYIL 2025:KER:23390 CRL.MC NO. 2273 OF 2025 2 RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 THE STATION HOUSE OFFICER ANKAMALY POLICE STATION, ERNAKULAM DISTRICT, PIN - 683572 3 ANOOP AGED 35 YEARS S/O KUNJAPPAN, VETTIKKARAN HOUSE, MOONNAMPARAMBU, PLAVINCHUVADU BHAGAM, KARUKUTTY PO, KARUKUTTY VILLAGE, ALUVATALUK, ERNAKULAM DISTRICT, PIN - 683576 BY ADVS P.M.ARUN DAS SRI. M.C. ASHI, 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:23390 CRL.MC NO. 2273 OF 2025 3 ORDER Dated this the 18th day of March, 2025 Petitioners are accused Nos.1 to 4 in Crime No.389 of 2025 registered at the Ankamaly Police Station for offences punishable under Sections 126(2), 296(b), 115(2), 118(1), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023. 2. The crime was registered on the allegation that, at about 11:00 a.m. on 23.02.2025, accused, due to prior animosity arising from a misunderstanding, verbally abused, threatened and assaulted the de facto complainant. 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 2 affidavit has been filed by the 3rd respondent vouching this fact. 4. Learned Counsel for the 3rd respondent also submitted that the dispute is settled and his client has no grievance against the petitioners. 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 2025:KER:23390 CRL.MC NO. 2273 OF 2025 4 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, 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 1 FIR and all further proceedings in Crime No.389 of 2025 of Ankamaly Police Station, as against the petitioners, is quashed. Sd/- V.G.ARUN JUDGE SPV 2025:KER:23390 CRL.MC NO. 2273 OF 2025 5 APPENDIX OF CRL.MC 2273/2025 PETITIONERS’ ANNEXURES ANNEXURE 1 TRUE COPY OF THE F.I.R AND F.I.S IN CRIME NO.389 / 2025 OF ANKAMALY POLICE STATION ANNEXURE 2 ORIGINAL AFFIDAVIT SWORN BY THE 3RD RESPONDENT FOR THE SETTILMENT DATED 27-02- 2025 RESPONDENTS’ ANNEXURES : NIL //TRUE COPY// PA TO JUDGE