2025:KER:26148 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 CRL.MC NO. 3368 OF 2024 CRIME NO.503/2023 OF Changaramkulam Police Station, Malappuram AGAINST THE ORDER/JUDGMENT DATED IN CC NO.625 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PONNANI PETITIONER/S: 1 MUHAMMED NIHAL AGED 21 YEARS S/O MUHAMMED ASHRAF PULLAVALAPP VEEDU K.K JUNCTION, PONNANI P.O, PIN - 679577 2 MUHAMMED ASLAM AGED 22 YEARS S/O ABBAS PAZHA PURAIKKAL PONNANI SOUTH P.O, PIN - 679586 3 MUHAMMED SHAMIL AGED 21 YEARS S/O ASHRAF MADATHIL VALAPPIL HOUSE VATTAMKULAM P.O, PIN - 679578 4 MUHAMMED SHIBLI BASHEER AGED 22 YEARS S/O MUHAMMED BASHEER PILAKKA HOUSE KARUKATHIRUTHI PONNANI P.O, PIN - 679584 5 HAADI MUHAMMED AGED 20 YEARS S/O NASAR NASAR, MANGALASSERI HOUSE PUNNAYURKULAM P.O 679561, PIN - 679561 Crl.M.C. No.3368 of 2024 2025:KER:26148 2 BY ADVS. AQIB SOHAIL P.S. RIZWANA A.A. RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 ANAS AGED 21 YEARS S/O ABDUL RAHMAN THOZHUVANIYURIL CHELAKKADAVU MALAPPURAM CHANGARAMKULAM POLICE STATION, PIN - 679574 BY ADV NAZRIN BANU OTHER PRESENT: SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C. No.3368 of 2024 2025:KER:26148 3 ORDER Dated this the 25th day of March, 2025 Petitioners are the accused in Crime No.503 of 2023 registered at the Changaramkulam Police Station for offences punishable under Sections 143, 147, 148, 341,324, 506, 201 and 149 of the Indian Penal Code, now pending as C.C.No.625 of 2023 on the files of the Judicial First Class Magistrate Court-I, Ponnani. 2. The crime was registered on the allegation that, on 17.05.2023, at about 12:45 hours, the accused, due to prior animosity, wrongfully restrained the defacto complainant/2nd respondent and cw2, and assaulted them using dangerous weapons causing injuries. It is further alleged they thereafter hid the weapons. 3. Learned Counsel for the petitioners submitted that the dispute, which led to the incident and Crl.M.C. No.3368 of 2024 2025:KER:26148 4 registration of the crime, is amicably settled and Annexure A3 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 grievance against the petitioners. 5. I heard the learned Public Prosecutor also. 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 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 Crl.M.C. No.3368 of 2024 2025:KER:26148 5 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 Report in Crime No.503 of 2023 of Changaramkulam Police Station and all further proceedings in C.C.No.625 of 2023 on the files of the Judicial First Class Magistrate Court-I, Ponnani, as against the petitioners, is quashed. Sd/- V.G.ARUN JUDGE NB/25-3 Crl.M.C. No.3368 of 2024 2025:KER:26148 6 APPENDIX OF CRL.MC 3368/2024 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 503/2023 OF CHANGARAMKULAM POLICE STATION DATED 24.05.2023 Annexure A2 A TRUE COPY OF THE FINAL REPORT ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT PONNANI IN C.C.NO 625/2023 ARISING OUT OF CRIME NO. 503/2023 OF CHANGARAMKULAM POLICE STATION DATED 26.06.2023 Annexure A3 TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT DATED 6.04.2024 TRUE COPY P.A. TO JUDGE