2025:KER:23853 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 20TH DAY OF MARCH 2025 / 29TH PHALGUNA, 1946 CRL.MC NO. 10866 OF 2024 CRIME NO.382/2017 OF Kanakakunnu Police Station, Alappuzha SC NO.445 OF 2022 OF ASSISTANT SESSIONS COURT/SUB COURT / COMMERCIAL COURT, MAVELIKKARA PETITIONER/ACCUSED: 1 VISHNU PRASAD, AGED 31 YEARS S/O VIJAYAN, VIJI NIVAS, MUTHUKULAM SOUTH, MUTHUKULAM PO, ALAPPUZHA DISTRICT, PIN – 690506. 2 SURESH PANDI AGED 40 YEARS S/O KARUNAKARAN, KUNNEL PUTHUVEL HOUSE, ARATTUPUZHA, MUTHUKULAM PO, ALAPPUZHA DISTRICT, PIN – 690506. 3 AJMAL AGED 34 YEARS S/O ABDUL SALAM, AJMAL NIVAS, MUTHUKULAM SOUTH, MUTHUKULAM PO, ALAPPUZHA DISTRICT, PIN – 690506. 4 MANOJ AGED 32 YEARS S/O MANOHARAN, MANOJ BHAVANAM, MUTHUKULAM SOUTH, MUTHUKULAM PO, ALAPPUZHA DISTRICT, PIN – 690506. BY ADV VIJAY SANKAR V.H. RESPONDENT/ COMPLAINANT : 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, 2025:KER:23853 CRL.MC NO. 10866 OF 2024 2 HIGH COURT OF KERALA, PIN – 682031. 2 SHAJI AGED 54 YEARS S/O DAMODARAN, PRABHA BHAVANAM, VADAKKUMURI, MUTHUKULAM PO, ALAPPUZHA DISTRICT, PIN – 690506. 3 PRAJI AGED 31 YEARS S/O SHAJI, PRABHA BHAVANAM, VADAKKUMURI, MUTHUKULAM PO, ALAPPUZHA DISTRICT, PIN – 690506. BY ADV K.S.ARUN KUMAR SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:23853 CRL.MC NO. 10866 OF 2024 3 ORDER Petitioners are the accused in Crime No.382 of 2017 registered at the Kanakakunnu Police Station for offences punishable under Sections 341, 294(b), 324, 506 r/w 34 of the Indian Penal Code, now pending as S.C No.445 of 2022 on the files of the Assistant Sessions Court, Mavelikara. 2. The crime is registered on the allegation that, at about 7.30 p.m on 30.03.2017, the accused, due to previous enmity, restrained, verbally abused and assaulted respondents 2 and 3 and thereby caused injuries to them. 3. Learned Counsel for the petitioners submits that the dispute, which led to the incident and registration of the crime, is settled and Annexures-II and III affidavits have been filed by respondents 2 and 3 vouching this fact. 4. Learned Counsel for respondents 2 and 3 also submitted that the dispute is settled and his clients have no 2025:KER:23853 CRL.MC NO. 10866 OF 2024 4 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 affidavits, the contents of which are vouched to be true and voluntary by the Counsel for respondents 2 and 3, I am satisfied that no public interest is involved in this matter and the dispute has been settled amicably. In view of the settlement arrived at between the parties, 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 Another [(2012) 10 SCC 303], there is no impediment in granting the relief. In the result, this Crl.M.C is allowed. Annexure-I final 2025:KER:23853 CRL.MC NO. 10866 OF 2024 5 report and all further proceedings in S.C No.445 of 2022 on the files of the Assistant Sessions Court, Mavelikara, as against the petitioners, is quashed. Sd/- V.G.ARUN JUDGE Sru 2025:KER:23853 CRL.MC NO. 10866 OF 2024 6 APPENDIX OF CRL.MC 10866/2024 PETITIONERS ANNEXURES Annexure-I A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.382/2017 OF KANAKAKKUNNU POLICE STATION Annexure-II THE AFFIDAVIT SWORN BY THE RESPONDENT NO.2 Annexure-III THE AFFIDAVIT SWORN BY THE RESPONDENT NO.3