2025:KER:24382 CRL.MC NO. 2547 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. 2547 OF 2025 CRIME NO.244/2025 OF THODUPUZHA POLICE STATION, IDUKKI PETITIONERS: 1 ANWAR AGED 40 YEARS S/O MUHAMMED, VADAKKUMPADATHU HOUSE, KUMARAMANGALAM, PERUMPILLICHIRA P.O, IDUKKI DISTRICT, PIN - 685605 2 ASHRAPH AGED 50 YEARS S/O PAREETH P.M, PUTHENPURAYIL HOUSE, PERUMPILLICHIRA P.O, THODUPUZHA, KUMARAMANGALAM (PART), IDUKKI DISTRICT,, PIN - 685605 3 KADHARKUNJU AGED 59 YEARS S/O MAIDEEN, THURAYIL HOUSE, KUMARAMANGALAM, PERUMPILLICHIRA P.O, IDUKKI DISTRICT, PIN - 685605 4 MEERAKUTTY AGED 69 YEARS [ SHOWN AS ANDHI IN FIR], S/O MAITHEEN, THURAYIL HOUSE, PERUMPILLICHIRA P.O, KUMARAMANGALAM (PART), PERUMPILLICHIRA IDUKKI DISTRICT,, PIN - 685605 BY ADV P.YADHU KUMAR 2025:KER:24382 CRL.MC NO. 2547 OF 2025 2 RESPONDENTS: 1 THE STATION HOUSE OFFICER THODUPUZHA POLICE STATION, IDDUKKI DISTRICT, PIN - 685584 2 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 3 KARIM V M AGED 53 YEARS S/O MUHAMMED, VADAKKUMPADATHU [ WRONGLY SHOWN AS VADAKKUMPURATH VITTI IN FIR], PERUMBILLICHIRA P.O, KARUKA BHAGAM, KUMARAMANGALAM (PART), IDUKKI, PIN - 685605 BY ADVS KAVERY S THAMPI SRI. M.C. ASHI, 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:24382 CRL.MC NO. 2547 OF 2025 3 ORDER Dated this the 20th day of March, 2025 Petitioners are accused Nos.1 to 4 in Crime No.244 of 2025 registered at the Thodupuzha Police Station for offences punishable under Sections 296, 126(2), 115(2), 118(1), 351 and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023. 2. The crime was registered on the allegation that, on 04.02.2025 at about 07:00 PM, accused, due to prior animosity, restrained, threatened, verbally abused and assaulted the de facto complainant. It is further alleged that they hit him on his leg using an iron rod thereby causing injuries. 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 B 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 her client has no grievance against the petitioners. 5. I heard the learned Public Prosecutor also. 2025:KER:24382 CRL.MC NO. 2547 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 A FIR and all further proceedings in Crime No.244 of 2025 of Thodupuzha Police Station, as against the petitioners, is quashed. Sd/- V.G.ARUN, JUDGE SPV 2025:KER:24382 CRL.MC NO. 2547 OF 2025 5 APPENDIX OF CRL.MC 2547/2025 PETITIONERS’ ANNEXURES ANNEXURE A A TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO: 244/2025 OF THODUPUZHA POLICE STATION, IDUKKI DISTRICT ANNEXURE B AFFIDAVIT OF THE 3RD RESPONDENT DATED 9.03.2024 RESPONDENT’S ANNEXURES : NIL //TRUE COPY// PA TO JUDGE