2025:KER:26829 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 CRL.MC NO. 2555 OF 2025 CRIME NO.265/2021 OF Vattappara Police Station, Thiruvananthapuram CC NO.1256 OF 2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, NEDUMANGAD PETITIONER/5TH ACCUSED: JYOTISH KUMAR A T AGED 41 YEARS S/O THANKAPPAN NAIR, PADIPURA VEEDU, NEAR CSF CHURCH , KARAYALATHIKONAM WARD, VATTAPPARA VILLAGE , THIRUVANANTHAPURAM, PIN – 695028. BY ADV NAHAS H. RESPONDENT/DE FACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031. 2 SUDHEESH V AGED 38 YEARS S/O VIJAYAN, MRA 51, VATTAPPARA (PART) P.O., KALLAYAM, THIRUVANANTHAPURAM NOW WORKING AT 247 FD WKSP COY,EME NEAK,K.V.SCHOOL, SALUGARAH,SEVOKE, RD,SILIGURI,W.B, PIN – 695043. 3 SURAJ V AGED 40 YEARS S/O VIJAYAN ,PLANKALAVEEDU, OORALIVILLA,KALYAN P.O, THIRUVANANTHAPURAM, PIN – 695043. 2025:KER:26829 CRL.MC NO. 2555 OF 2025 2 BY ADV FARHANA K.H. SRI. M.C. ASHI, PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:26829 CRL.MC NO. 2555 OF 2025 3 ORDER Petitioner is the 5th accused in Crime No.265 of 2021 registered at the Vattappara Police Station for offences punishable under Sections 143, 147, 148, 149, 294(b), 323, 324 and 427 of the Indian Penal Code, now pending as C.C No.1256 of 2021 on the files of the Judicial First Class Magistrate Court- I, Nedumangad. 2. The crime is registered on the allegation that, at about 10 p.m on 7.2.2021, accused, due to prior animosity, verbally abused and assaulted the party respondents using rods, thereby causing injuries. 3. Learned Counsel for the petitioner submits that the dispute, which led to the incident and registration of the crime, is settled and Annexures A3 and A4 affidavits have been filed by respondents 2 and 3 vouching this fact. 4. Learned Counsel for respondents 2 and 3 also 2025:KER:26829 CRL.MC NO. 2555 OF 2025 4 submitted that the dispute is settled and her clients have 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 affidavits, the contents of which are vouched to be true and voluntary by the Counsel for respondents 2 and 3, I am satisfied that no public interest is involved in this matter and the dispute has been settled amicably. In view of the settlement arrived at between the parties, 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 A2 final 2025:KER:26829 CRL.MC NO. 2555 OF 2025 5 report and all further proceedings in C.C No.1256 of 2021 on the files of the Judicial First Class Magistrate Court-I, Nedumangad, as against the petitioner, is quashed. Sd/- V.G.ARUN JUDGE Sru 2025:KER:26829 CRL.MC NO. 2555 OF 2025 6 APPENDIX OF CRL.MC 2555/2025 PETITIONER’S ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FIR NO. 265/2021 DATED 10.02.2021 Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT IN CC 1256/2021 DATED 28.02.2021 Annexure A3 THE ORIGINAL AFFIDAVIT SWORN BY THE DEFACTO COMPLAINANT/ SECOND RESPONDENT DATED 25.02.2025 Annexure A4 THE ORIGINAL AFFIDAVIT SWORN BY THE THIRD RESPONDENT DATED 03.03.2025