2025:KER:30032 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 CRL.MC NO. 11018 OF 2024 CRIME NO.525/2022 OF MELPARAMBA POLICE STATION, Kasargod PETITIONERS/ACCUSED NOS.1 TO 3: 1 MUHAMMED KHAIS, AGED 33 YEARS S/O MUHAMMED KUNHI, HUDHA MANZIL, K.K ROAD, BANDICHAL, THEKKIL VILLAGE, MELPARAMBA, KASARAGOD DISTRICT, PIN – 671317. 2 KUNHAMMED, AGED 33 YEARS S/O MOOSA, K M HOUSE, KEEZHUR, KALANAD VILLAGE, KADARAGOD DISTRICT, PIN – 671317. 3 MOIDEEN JASID T.A, AGED 29 YEARS S/O MUHAMMED KUNHI, FATHIMA MANZIL, KOOVATHOTTY, MAKKOD, KALANAD VILLAGE, KASARAGOD DISTRICT, PIN – 671317. BY ADVS. P.MOHAMED SABAH SAIPOOJA RESPONDENT/S TATE,COMPLAINANT & DE FACTO COMPLAINANT : 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031. 2 THE STATION HOUSE OFFICER, MELPARAMBA POLICE STATION, KASARAGOD DISTRICT, PIN – 671541. 2025:KER:30032 CRL.MC NO. 11018 OF 2024 2 3 SAMEER D.M. AGED 42 YEARS S/O MUHAMMED KUNHI, U B FATHIMA MANZIL, DELI, KALANAD VILLAGE, KASARAGOD DISTRICT, PIN – 671317. BY ADV LIBIN STANLEY SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:30032 CRL.MC NO. 11018 OF 2024 3 ORDER Petitioners are accused Nos.1 to 3 in Crime No.525 of 2022 registered at the Melparamba Police Station for offences punishable under Sections 143, 147, 148, 149, 341, 323, 324, 506, 294(b) of the Indian Penal Code. 2. The crime is registered on the allegation that, at about 22.00 hours on 18.09.2022, the accused, due to previous enmity, wrongfully restrained the de facto complainant and friends, threatened, verbally abused and assaulted using rod and knife. 3. Learned Counsel for the petitioners submits that the dispute, which led to the incident and registration of the crime, is settled and Annexure 2 affidavit has been filed by the 3rd respondent vouching this fact. 4. Learned Counsel for the 3rd respondent also submitted that the dispute is settled and his client has no grievance against 2025:KER:30032 CRL.MC NO. 11018 OF 2024 4 the petitioners. 5. Learned Public Prosecutor submitted that the dispute is settled but certain other crimes are pending against the petitioners. 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 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 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 so far as the dispute involved in this 2025:KER:30032 CRL.MC NO. 11018 OF 2024 5 case is settled, pendency of other crimes need not deter this Court from invoking the inherent power under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023. In the result, this Crl.M.C is allowed. Annexure 1 FIR and all further proceedings in Crime No.525 of 2022 registered at the Melparamba Police Station, as against the petitioners, is quashed. Sd/- V.G.ARUN JUDGE Sru 2025:KER:30032 CRL.MC NO. 11018 OF 2024 6 APPENDIX OF CRL.MC 11018/2024 PETITIONERS ANNEXURES Annexure 1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 525/2022 OF MELPARAMBA POLICE STATION, KASARAGOD DISTRICT Annexure 2 THE ORIGINAL OF THE AFFIDAVIT DATED 30.11.2023 SWORN BY THE RESPONDENT NO. 3