2025:KER:28920 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 CRL.MC NO. 4642 OF 2024 CRIME NO.893/2021 OF ERAVIPURAM POLICE STATION, Kollam PETITIONERS/ACCUSED 1 AND 2: 1 AFSAL, AGED 29 YEARS S/O. SIDIQUE, FAIZAL NIVAS,VENGA PO, SASTHAMKOTTA,KUNNATHOOR, KOLLAM, PIN - 690521 2 SHEBIN, AGED 33 YEARS S/O. NAZARUDEEN,SHEBIN MANZIL, SASTHAMCOTTA, VENGA PO,KOLLAM, PIN - 690521 BY ADVS. SADCHITH.P.KURUP C.P.ANIL RAJ SIVA SURESH B.SREEDEVI ATHIRA VIJAYAN RESPONDENTS/STATE AND COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER ERAVIPURAM POLICE STATION KOLLAM, PIN - 691011 3 NIZAMUDEEN, S/O. SHARAFUDEEN,SIRANI MANZILIL,ARUNOOTIMANGALAM,MANGALAM NAGAR 34A,MANGADU PO, KOLLAM, PIN - 691015 BY ADV JOSE ANTONY SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:28920 Crl.M.C.No.4642 of 2024 2 ORDER Dated this the 27th day of March, 2025 Petitioners are accused Nos.1 and 2 in Crime No.893 of 2021 registered at the Eravipuram Police Station for the offence punishable under Section 394 of IPC. 2. The crime is registered on the allegation that at about 16:30 hours on 27.08.2021, the accused, due to prior animosity, restrained the defacto complainant and assaulted him. It is further alleged that the accused also stole Rs.6000/-, 3000 Saudi Riyal, a mobile phone and car key from him. 3. Learned Counsel for the petitioners submitted that the dispute, which led to the incident and registration of the crime, is amicably settled between the parties and Annexure A3 affidavit has been filed by the 3rd respondent, vouching this fact. 2025:KER:28920 Crl.M.C.No.4642 of 2024 3 4. Learned Counsel for the 3rd 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, contents of which is 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 2025:KER:28920 Crl.M.C.No.4642 of 2024 4 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 A1 FIR and all further proceedings in Crime No.893 of 2021 registered at the Eravipuram Police Station, as against the petitioners, is quashed. Sd/- V.G.ARUN JUDGE SSK/27/03 2025:KER:28920 Crl.M.C.No.4642 of 2024 5 APPENDIX OF CRL.MC 4642/2024 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF FIR DATED 29.8.2021 IN CRIME NO. 893/2021 OF ERAVIPURAM POLICE STATION, KOLLAM Annexure A2 A TRUE COPY OF THE NOTARISED AFFIDAVIT DATED 24.5.2024 TOWARDS THE SETTLEMENT AS SWORN BY THE 3RD RESPONDENT Annexure A3 AFFIDAVIT DATED 31.10.2024 TOWARDS SETTLEMENT AS SWORN BY 3RD RESPONDENT RESPONDENTS EXHIBITS : NIL TRUE COPY P.A. TO JUDGE