2025:KER:24263 CRL.MC NO. 2287 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. 2287 OF 2025 CRIME NO.93/2025 OF MARADU POLICE STATION, Ernakulam PETITIONER: RUPA SINGH AGED 49 YEARS RESIDING AT 73, BOUNDARY ROAD, MEERUT CANT, UTTAR PRADESH, PIN - 250001 BY ADVS. V.S.THOSHIN NAKSHATRA SHIKA RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 ALPHONSA JOSEPH AGED 36 YEARS VALIYAPARAMBIL, PIZHALA, KADAMAKUDY, ERNAKULAM CITY, KERALA, PIN - 682027 BY ADVS MATHEW J.ELENJICKAL 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:24263 CRL.MC NO. 2287 OF 2025 2 ORDER Dated this the 18 th day of March, 2025 The petitioner is the accused in Crime No.93 of 2025 registered at the Maradu Police Station for the offence punishable under Section 305 of the Bharatiya Nyaya Sanhita (BNS), 2023. 2. The crime was registered on the allegation that, on 01/02/2025, between 07:30 PM and 08:00 PM, the accused entered into the Mia by Tanishq Jewellery in the Forum Mall, Ernakulam and stole a diamond bangle worth Rs. 39,632/-. 3. Learned Counsel for the petitioner submitted that the dispute, which led to the incident and registration of the crime, is amicably settled and Annexure 3 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 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 2025:KER:24263 CRL.MC NO. 2287 OF 2025 3 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. 7. In the result, this Crl.M.C is allowed. Annexure 1 FIR and all further proceedings in Crime No.93 of 2025 of Maradu Police Station, as against the petitioner, is quashed. Since the husband of the petitioner has paid the value of the bangle lost from the de facto complainant’s shop and further proceedings In the crime is quashed, the trial court may release the bangle to the petitioner on production of a copy of this judgment. Sd/- V.G.ARUN, JUDGE SPV 2025:KER:24263 CRL.MC NO. 2287 OF 2025 4 APPENDIX OF CRL.MC 2287/2025 PETITIONER’S ANNEXURES ANNEXURE 1 THE TRUE COPY OF THE FIR IN CRIME NO. 93/2025 OF MARADU POLICE STATION PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE VIII, ERNAKULAM ANNEXURE 2 THE TRUE COPY OF THE BILL DATED 14/02/2025 OF MIA BY TANISHQ JEWELRY ANNEXURE 3 THE TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT/ DEFACTO COMPLAINANT RESPONDENTS’ ANNEXURES: NIL //TRUE COPY// PA TO JUDGE