2025:KER:26986 CRL.MC NO. 2725 OF 2025 1 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. 2725 OF 2025 CRIME NO.1566/2022 OF SASTHAMCOTTA POLICE STATION, KOLLAM AGAINST THE ORDER/JUDGMENT IN SC NO.749 OF 2023 OF ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT, KARUNAGAPPALLY PETITIONERS: 1 SHAJI JOSEPH AGED 36 YEARS S/O. JOSEPH, SHERLI BHAVANAM, VALIYAPADAM MURI, VILANTHARA (P.O), WEST KALLADA, KUNNATHUR, KOLLAM DISTRICT., PIN - 690521 2 JITHENDRA YADHAV AGED 33 YEARS SHERLY BHAVAN, VALIYAPADAM MURI, VILANTHARA (P.O), WEST KALLADA, KUNNATHUR, KOLLAM DISTRICT., PIN - 690521 BY ADV NIREESH MATHEW RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI., PIN - 682031 2 JIFIN XAVIER AGED 34 YEARS 2025:KER:26986 CRL.MC NO. 2725 OF 2025 2 S/O.XAVIER, JITHIN BHAVANAM, VALIYAPADAM MURI, VILANTHARA (P.O), WEST KALLADA, KUNNATHUR, KOLLAM DISTRICT., PIN - 690521 BY ADVS ATHUL POULOSE 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:26986 CRL.MC NO. 2725 OF 2025 3 ORDER Dated this the 28th day of March, 2025 Petitioners are accused Nos.1 and 2 in Crime No.1566 of 2022 registered at the Sasthamcotta Police Station for offences punishable under Sections 294(b), 323, 325 and 308 r/w Section 34 of the Indian Penal Code, now pending as S.C.No.749 of 2023 on the files of the Assistant Sessions Court, Karunagappally. 2. The crime was registered on the allegation that on 09.10.2022, at about 11:45 PM, due to prior animosity, accused verbally abused and attacked the de facto complainant with an iron rod, resulting in his nasal bone being fractured. 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 3 affidavit has been filed by the 2nd respondent vouching this fact. 2025:KER:26986 CRL.MC NO. 2725 OF 2025 4 4. Learned Counsel for the 2nd respondent also submitted that the dispute is settled and his client has no grievance against the petitioners. 5. Learned Public Prosecutor submitted that after securing bail in the crime, the 1st petitioner got involved in Crime No.1314 of 2024 registered at the Sasthamcotta Police Station for offences under Sections 189(2), 191(2), 191(3), 333, 296(b), 351(2), 324(4) and 190 of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act, wherein he is arrayed as the 4th accused. By reason of the 1st petitioner's involvement in a subsequent crime by violating the bail condition, his bail was cancelled. It is further submitted that proceedings under Section 107 Cr.P.C is initiated against the 1st petitioner and Rowdy History Sheet is also opened against him. 6. Learned counsel for the petitioners submitted that the 1st petitioner has been granted bail in the second crime. It is contended that involvement in 2025:KER:26986 CRL.MC NO. 2725 OF 2025 5 one more crime cannot be a reason for rejecting the request for quashing the proceedings based on settlement. 7. No doubt, involvement in a subsequent crime, in violation of bail condition can result in cancellation of bail. At the same time, the dispute in one of the crimes having been settled amicably and no public interest being involved in the matter, registration of a crime need not stand in the way of this Court exercising the inherent power under Section 528 of BNSS. Haivng considered the gravity of the offences alleged and on perusal of the affidavit, the contents of which are vouched to be true and voluntary by the Counsel for the 2nd respondent, I am satisfied that 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 in view of the legal position set out by the Honourable Supreme 2025:KER:26986 CRL.MC NO. 2725 OF 2025 6 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], the relief can be granted. In the result, this Crl.M.C is allowed. Annexure 2 Final Report in Crime No.1566 of 2022 of Sasthamcotta Police Station, and all further proceedings in S.C.No.749 of 2023 on the files of the Assistant Sessions Court, Karunagappally, as against the petitioners, is quashed. Sd/- V.G.ARUN JUDGE SPV 2025:KER:26986 CRL.MC NO. 2725 OF 2025 7 APPENDIX OF CRL.MC 2725/2025 PETITIONERS’ ANNEXURES ANNEXURE 1 CERTIFIED COPY OF THE FIR IN CRIME NO.1566/2022 OF SASTHAMCOTTA POLICE STATION, KOLLAM DISTRICT ALONG WITH F.I STATEMENT ANNEXURE 2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1566/2022 OF SASTHAMCOTTA POLICE STATION, KOLLAM DISTRICT DATED 23.11.2022 ANNEXURE 3 ORIGINAL OF THE NOTARIZED AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT DATED 06.03.2025 RESPONDENTS’ ANNEXURES : NIL //TRUE COPY// PA TO JUDGE