Extracted from the PDF above. The PDF is authoritative.
2025:KER:24371 CRL.MC NO. 2548 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 20TH DAY OF MARCH 2025 / 29TH PHALGUNA, 1946 CRL.MC NO. 2548 OF 2025 CRIME NO.249/2025 OF THODUPUZHA POLICE STATION, IDUKKI PETITIONERS: 1 KAREEM V.M AGED 53 YEARS S/O MUHAMMED, VADAKKUMPADATHU HOUSE, KUMARAMANGALAM, PERUMPILLICHIRA P.O, KUMARAMANGALAM (PART), IDUKKI DISTRICT,, PIN - 685605 2 ANAS V.M AGED 45 YEARS S/O KAREEM, VADAKKUMPADATHU HOUSE, KUMARAMANGALAM, PERUMPILLICHIRA P.O, KUMARAMANGALAM (PART), IDUKKI DISTRICT, PIN - 685605 3 AJMAL KAREEM AGED 24 YEARS [ SHOWN AS SON OF KAREEM IN FIR] S/O KAREEM, VADAKKUMPADATHU HOUSE, KUMARAMANGALAM, PERUMPILLICHIRA P.O, KUMARAMANGALAM (PART), IDUKKI DISTRICT,, PIN - 685605 BY ADV KAVERY S THAMPI RESPONDENTS: 1 THE STATION HOUSE OFFICER THODUPUZHA POLICE STATION, IDDUKKI DISTRICT, PIN - 685584
2025:KER:24371 CRL.MC NO. 2548 OF 2025 2 2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 3 ASHRAPH AGED 50 YEARS S/O PAREETH P.M, PUTHENPURAYIL HOUSE, PERUMPILLICHIRA P.O, THODUPUZHA, KUMARAMANGALAM (PART), IDUKKI DISTRICT,, PIN - 685605 4 MEERAKUTTY AGED 69 YEARS S/O MAITHEEN, THURAYIL HOUSE, PERUMPILLICHIRA P.O, KUMARAMANGALAM (PART), PERUMPILLICHIRA IDUKKI DISTRICT, PIN - 685605 5 ABDUL KHADAR MAIDEEN AGED 59 YEARS S/O MAIDEEN, THURAYIL HOUSE, PERUMPILLICHIRA P.O, KUMARAMANGALAM (PART), PERUMPILLICHIRA IDUKKI DISTRICT, PIN - 685605 6 MUHAMMAD MAITHEEN S/O MAIDEEN, VETTUKUNNEL HOUSE, PALAMALA, PERUMPILLICHIRA P.O, KUMARAMANGALAM (PART), PERUMPILLICHIRA IDUKKI DISTRICT, PIN - 685605 BY ADVS P.YADHU KUMAR SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:24371 CRL.MC NO. 2548 OF 2025 3 ORDER Dated this the 20th day of March, 2025 Petitioners are accused Nos.1 to 3 in Crime No.249 of 2025 registered at the Thodupuzha Police Station for offences punishable under Sections 296, 115(2), 329(1), 351(1) and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023. 2. The crime was registered on the allegation that, on 04.02.2025, at 06:45 PM, accused, due to prior animosity, verbally abused and assaulted the de facto complainant and respondents 4 to 6. It is further alleged that the accused trespassed into the house of the de facto complainant and threatened 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 Annexures B to E affidavits have been filed by respondents 3 to 6 vouching this fact. 4. Learned Counsel for respondents 3 to 6 also submitted that the dispute is settled and his clients have no grievance against the petitioners. 5. I heard the learned Public Prosecutor also. 2025:KER:24371 CRL.MC NO. 2548 OF 2025 4
6. Having considered the gravity of the offences alleged and having perused the affidavits, the contents of which are vouched to be true and voluntary by the Counsel for respondents 3 to 6, 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 A FIR and all further proceedings in Crime No.249 of 2025 of Thodupuzha Police Station, as against the petitioners, is quashed. Sd/- V.G.ARUN, JUDGE SPV
2025:KER:24371 CRL.MC NO. 2548 OF 2025 5 APPENDIX OF CRL.MC 2548/2025 PETITIONERS’ ANNEXURES ANNEXURE A A TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO: 249/2025 OF THODUPUZHA POLICE STATION, IDUKKI DISTRICT ANNEXURE B AFFIDAVIT OF THE 3RD RESPONDENT DATED 9.03.2025 ANNEXURE C AFFIDAVIT OF THE 4TH RESPONDENT DATED 9.03.2025 ANNEXURE D AFFIDAVIT OF THE 5TH RESPONDENT DATED 9.03.2025 ANNEXURE E AFFIDAVIT OF THE 6TH RESPONDENT DATED 9.03.2025 RESPONDENT’S
ANNEXURES
: NIL //TRUE COPY// PA TO JUDGE