2025:KER:26135 CRL.MC NO. 2353 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 CRL.MC NO. 2353 OF 2025 CRIME NO.280/2010 OF KAZHAKKUTTOM POLICE STATION, THIRUVANANTHAPURAM AGAINST THE ORDER/JUDGMENT IN CC NO.734 OF 2010 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,ATTINGAL PETITIONER: SUSHEEL THAKUR AGED 37 YEARS S/O SRI NANAK CHAND, VILLAGE THANA, POST OFFICE KANGO KA GEHRA, TAHSIL SARKAGNAT, GAIHRA (437), MANDI, HIMACHAL PRADESH, PIN - 175026 BY ADVS. T.KABIL CHANDRAN R.ANJALI RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER KAZHAKKOOTTAM POLICE STATION, THIRUVANANTHAPURAM, PIN - 695582 3 SOMIN MATHEW AGED 37 YEARS 2025:KER:26135 CRL.MC NO. 2353 OF 2025 2 S/O MATHEW, VADAKKAN PAZHAKUNNEL PAISAKARY, PAYYAVOOR, KANNUR, PIN - 670633 BY ADVS K.S.SREENATH SRI. M.C. ASHI, PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:26135 CRL.MC NO. 2353 OF 2025 3 ORDER Dated this the 24th day of March, 2025 The petitioner is the sole accused in Crime No.280 of 2010 registered at the Kazhakkuttom Police Station for offences punishable under Sections 341, 323 and 324 of the Indian Penal Code, now pending as C.C.No.734 of 2010 on the files of the Judicial First Class Magistrate Court-II, Attingal. 2. The crime was registered on the allegation that, on 22.04.2010, at about 04:30 PM, the accused, due to prior animosity arising from a misunderstanding, wrongfully confined the de facto complainant, hit on his nose, and beat him with a wooden stick, thereby causing injuries. 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 A2 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 petitioner. 5. I heard the learned Public Prosecutor also. 2025:KER:26135 CRL.MC NO. 2353 OF 2025 4 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 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 A1 final report in Crime No.280 of 2010 of Kazhakkuttom Police Station and all further proceedings in C.C.No.734 of 2010 on the files of the Judicial First Class Magistrate Court-II, Attingal, as against the petitioner, is quashed. Sd/- V.G.ARUN, JUDGE SPV 2025:KER:26135 CRL.MC NO. 2353 OF 2025 5 APPENDIX OF CRL.MC 2353/2025 PETITIONER’S ANNEXURES ANNEXURE A1 A TRUE COPY OF THE FIR AND FINAL REPORT IN C.C. NO.734/2010 PENDING ON THE FILES OF JUDICIAL FIRST-CLASS MAGISTRATE COURT-II, ATTINGAL, THIRUVANANTHAPURAM ANNEXURE A2 A TRUE COPY OF THE AFFIDAVIT DATED 04.03.2025 RESPONDENTS’ ANNEXURES: NIL //TRUE COPY// PA TO JUDGE