2025:KER:27048 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. 10979 OF 2024 CRIME NO.100/2022 OF Areacode Police Station, Malappuram IN CC NO.309 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I,MANJERI PETITIONER/ACCUSED: JASEER T., AGED 27 YEARS S/O UBAID T, THODUVHIL HOUSE, THORATAMMEL URANGATTIRI, PIN - 673639 BY ADV CHERIAN MATHEW POOTHICOTE RESPONDENTS/STATE AND DEFACTO COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 HARIS, AGED 33 YEARS S/O.MUHAMMED, RESIDING AT CHIRAYIMMEL PARAMBIL HOUSE,KIZHUPARAMBA P.O.,KIZHUPARAMBA VILLAGE,ERNAD TALUK, MALAPPURAM DIST, PIN - 673633 3 MUHAMMED ANAS, AGED 28 YEARS S,S/O.ABOOBACKER,RESIDING AT KARALIKKAD HOUSE, KARIPARAMBA,UGRAPURAM P.O.,AREEKODE VILLAGE,ERNAD TALUK,MALAPPURAM DIST, PIN - 676633 BY ADV SHAHID AZEEZ SRI. M.C. ASHI, 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.10979 of 2024 2025:KER:27048 2 ORDER Dated this the 25th day of March, 2025 Petitioner is the accused in Crime No.100 of 2022 registered at the Areakkode Police Station for offences punishable under Sections 341 and 325 of the Indian Penal Code, now pending as C.C.No.309 of 2022 on the files of the Judicial First Class Magistrate Court-I, Manjeri. 2. The crime was registered on the allegation that, on 12.02.2022 at 17:30 hrs, the accused, with the intention to cause hurt, restrained and attacked CW2, thereby causing injuries. 3. Learned Counsel for the petitioner submitted that the dispute, which led to the incident and registration of the crime, is amicably settled and Annexures 2 and 3 affidavits have been filed by respondents 2 and 3 vouching this fact. Crl.M.C. No.10979 of 2024 2025:KER:27048 3 4. Learned Counsel for respondents 2 and 3 also submitted that the dispute is settled and his clients have no grievance against the petitioner. 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, 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) Crl.M.C. No.10979 of 2024 2025:KER:27048 4 10 SCC 303], there is no impediment in granting the relief. In the result, this Crl.M.C is allowed. Annexure 1 Final Report in Crime No.100 of 2022 of Areakkode Police Station and all further proceedings in C.C.No.309 of 2022 on the files of the Judicial First Class Magistrate Court-I, Manjeri, as against the petitioner, is quashed. Sd/- V.G.ARUN JUDGE NB/25-3 Crl.M.C. No.10979 of 2024 2025:KER:27048 5 APPENDIX OF CRL.MC 10979/2024 PETITIONER ANNEXURES Annexure 1 A TRUE COPY OF THE CHARGE SHEET WHICH IS NOW PENDING AS CC NO. 309/2022 BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE I, MANJERI DATED 11/09/2022 Annexure 2 A TRUE COPY OF THE AFFIDAVIT EXECUTED BY THE DEFACTO COMPLAINANT DATED 10/12/2024 Annexure 3 A TRUE COPY OF THE AFFIDAVIT EXECUTED BY THE INJURED PARTY DATED 10/12/2024 TRUE COPY P.A. TO JUDGE