2025:KER:25953 CRL.MC NO. 2443 OF 2021 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 CRL.MC NO. 2443 OF 2021 CRIME NO.571/2021 OF MUVATTUPUZHA POLICE STATION, ERNAKULAM PETITIONERS: 1 SHIHAB M.S. AGED 50 YEARS S/O. M.K.SAYED, RESIDING AT HOUSE NO.13/302, KOCHANGADI, KOCHI TALUK, THOPPUMPADY VILLAGE, ERNAKULAM DISTRICT, PIN-682005. 2 SHIFAS M.S., AGED 19 YEARS S/O. SHIHAB M.S., RESIDING AT HOUSE NO.13/302, KOCHANGADI, KOCHI TALUK, THOPPUMPADY VILLAGE, ERNAKULAM DISTRICT, PIN-682005. BY ADVS. R.O.MUHAMED SHEMEEM SMT.NASEEHA BEEGUM P.S. RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, MUVATTUPUZHA POLICE STATION, PUZHAKARAKAVU, THOTTUMKALPEEDIKA, MUVATTUPUZHA, 2025:KER:25953 CRL.MC NO. 2443 OF 2021 2 ERNAKULAM RURAL, PIN-686 66, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2 PRADEEP AGED 38 YEARS S/O. GOPI, RESIDING AT PAREKKUDIYIL HOUSE, NEAR KOTTOOR, ELAMKULAM KARA, AIKKARANAD,SOUTH VILLAGE, MOOVATTUPUZHA, ERNAKULAM RURAL, ERNAKULAM DISTRICT, PIN-682311. BY ADVS H.SUNIL SRI. M.C. ASHI, PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:25953 CRL.MC NO. 2443 OF 2021 3 ORDER Dated this the 26th day of March, 2025 The petitioners are accused Nos.1 and 2 in Crime No.571 of 2021 registered at the Moovattupuzha Police Station for offences punishable under Sections 353, 294(b), 506 and 283 r/w Section 34 of the Indian Penal Code. 2. The crime was registered on the allegation that, the de facto complainant, driving a KSRTC bus, was obstructed by the petitioners at Vellurkunnom Village, due to animosity after the bus hit the car’s rear rearview mirror. It is alleged that the accused used abusive language, threatened and assaulted the de facto complainant and caused obstruction in public place. 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 A.3 affidavit has been filed by the 2nd respondent vouching this fact. 4. Learned Counsel for the 2nd respondent also submitted that the dispute is settled and his client has no 2025:KER:25953 CRL.MC NO. 2443 OF 2021 4 grievance against the petitioners. 5. Learned Public Prosecutor submitted that since the Crl.M.C has been pending from 2021 onwards, the latest position and the genuineness of the affidavit filed could not be ascertained. 6. Learned counsel for the petitioners and the 2nd respondent asserted that the dispute has been settled amicably. 7. 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 2nd 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 2025:KER:25953 CRL.MC NO. 2443 OF 2021 5 Another [(2012) 10 SCC 303], there is no impediment in granting the relief. In the result, this Crl.M.C is allowed. Annexure A.1 FIR and all further proceedings in Crime No.571 of 2021 of Moovattupuzha Police Station, as against the petitioners, is quashed. Sd/- V.G.ARUN JUDGE SPV 2025:KER:25953 CRL.MC NO. 2443 OF 2021 6 APPENDIX OF CRL.MC 2443/2021 PETITIONERS’ ANNEXURES ANNEXURE A1 A CERTIFIED COPY OF THE FIR IN (CRIME) NO.571 OF 2021 OF MOOVATTUPUZHA POLICE STATION. ANNEXURE A2 A TRUE COPY OF THE RECEIPT DATED 13.4.2021, ISSUED BY THE JUNIOR ASSISTANT DISTRICT TRANSPORT OFFICE, KERALA STATE ROAD TRANSPORT CORPORATION. ANNEXURE A3 ORIGINAL OF AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT ON 29.3.2021 EXPRESSING THE UNCHALLENGING AFFIRMATION NOT TO PROCEED WITH THE ANX-A1 CASE AGAINST THE PETITIONERS. RESPONDENTS’ ANNEXURES : NIL //TRUE COPY// PA TO JUDGE