2025:KER:25317 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. 7907 OF 2024 CRIME NO.1728/2022 OF PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA AGAINST THE ORDER/JUDGMENT DATED IN CC NO.48 OF 2023 OF CHIEF JUDICIAL MAGISTRATE PATHANAMTHITTA PETITIONER/S: 1 HASHIM MUHAMMED, AGED 31 YEARS S/O MUHAMMED, LEBBAYIL HOUSE, MADEENA JUNCTION, KUMBAZHA MURI, KUMBAZHA P.O, PATHANAMTHITTA VILLAGE, KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT., PIN - 689653 2 ALNOOR.N, AGED 20 YEARS S/O NISHAD RAWTHER , KEEZHUMALA PURAYIDAM HOUSE, KUMBAZHA PO, PATHANAMTHITTA VILLAGE, KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT, PIN - 689653 3 UMAR KHAN, AGED 21 YEARS S/O RASHID, LABBAH VEEDU , PATHANAMTHITTA VILLAGE, KUMBAZHA .P.O, PATHANAMTHITTA DISTRICT, PIN - 689653 4 UNAIS RAHMAN, AGED 23 YEARS S/O ALIYAR, NOORILHUDA MANZIL HOUSE, KULASEKHARPETTA, KUMBAZHA MURI, PATHANAMTHITTA VILLAGE, PATHANAMTHITTA DISTRICT, PIN - 689653 5 SHEBEER @ ACHU, AGED 28 YEARS S/O MUHAMMED, KOCHUPARAMBIL VEEDU, KUMBAZHA PO, PATHANAMTHITTA VILLAGE, PATHANAMTHITTA DISTRICT, PIN - 689653 6 ARSHAD, AGED 22 YEARS S/O AJEERKHAN, AJEER MANSIL, PATHANAMTHITTA VILLAGE, PATHANAMTHITTA DISTRICT, PIN - 689653 BY ADV K.N.RADHAKRISHNAN(THIRUVALLA) Crl.M.C. No.7907 of 2024 2025:KER:25317 2 RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 SIBIN BIJU, AGED 20, S/O BIJUMON.S, MARUPPEL PADINJAATTETHIL HOUSE, PATHANAMTHITTA VILLAGE, KUMBAZHA .P.O, KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT, PIN - 689653 3 MITHUN S/O MOHAN, RESIDING AT PONGATTU VEETTIL HOUSE, MALAYALAPUZHA VILLAGE, PATHANAMTHITTA DISTRICT . ADDL R3 IS IMPLEADED AS PER ORDER DATED 27/02/25 IN CRL.M.A.1/2024. 4 KSHYAP AGED 22 YEARS /O MOHANDAS, MUTTATHUKIZHAKKETHIL HOUSE, KUMBAZHA, KUMBAZHA VILLAGE, PATHANAMTHITTA DISTRICT . ADDL R4 IS IMPLEADED AS PER ORDER DATED 27/02/25 IN CRL.M.A.1/2025. BY ADV ANJU SUSAN REJI 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.7907 of 2024 2025:KER:25317 3 ORDER Dated this the 25th day of March, 2025 Petitioners are accused nos.1 to 6 in Crime No.1728 of 2022 registered at the Pathanamthitta Police Station for offences punishable under Sections 143, 147, 148, 294(b), 341, 323, 324 and 325 read with Section 149 of the Indian Penal Code, now pending as C.C.No.48 of 2023 on the files of the Chief Judicial Magistrate Court, Pathanamthitta. 2. The crime was registered on the allegation that, on 25.12.2022, at 20:00 hrs, the accused wrongfully restrained the defacto complainant, verbally abused and assaulted him. It is further alleged that the accused also assaulted CWs 2 and 3, thereby causing injuries. 3. Learned Counsel for the petitioners submitted that the dispute, which led to the incident and Crl.M.C. No.7907 of 2024 2025:KER:25317 4 registration of the crime, is amicably settled and Annexures 3 to 5 affidavits have been filed by respondents 2 to 4 vouching this fact. 4. Learned Counsel for respondents 2 to 4 also submitted that the dispute is settled and her clients have no grievance against the petitioners. 5. Learned Public Prosecutor submitted that, as against the 3rd petitioner, four other crimes are pending. 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 to 4, 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.7907 of 2024 2025:KER:25317 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. Insofar as the dispute in this case is settled, pendency of other crimes need not also deter this Court from exercising the inherent power under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. In the result, this Crl.M.C is allowed. Annexure 2 Final Report in Crime No.1728 of 2022 of Pathanamthitta Police Station, and all further proceedings in C.C.No.48 of 2023 on the files of the Chief Judicial Magistrate Court, Pathanamthitta, as against the petitioners, is quashed. Sd/- V.G.ARUN JUDGE Crl.M.C. No.7907 of 2024 2025:KER:25317 6 NB/25-3 Crl.M.C. No.7907 of 2024 2025:KER:25317 7 APPENDIX OF CRL.MC 7907/2024 PETITIONER ANNEXURES ANNEXURE 1 THE TRUE COPY OF FIR IN CRIME NO. 1728/2022 OF THE PATHANAMTHITTA POLICE STATION DATED 29.12.2022 ANNEXURE 2 THE CERTIFIED OF FINAL REPORT IN C.C NO. 48/2023 ON THE FILE OF CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA DATED 24.04.2023 ANNEXURE 3 THE AFFIDAVIT SWORN BY THE SECOND RESPONDENT DATED 16.05.2024 ANNEXURE 4 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 24.10.2024 ANNEXURE 5 THE AFFIDAVIT SWORN BY THE ADDITIONAL FOURTH RESPONDENT DATED 25.01.2025 TRUE COPY P.A. TO JUDGE