2025:KER:15401 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 18TH DAY OF FEBRUARY 2025 / 29TH MAGHA, 1946 CRL.MC NO. 693 OF 2025 CRIME NO.594/2024 OF CHANGARAMKULAM POLICE STATION, MALAPPURAM IN ST NO.46 OF 2024 OF GRAMA NYAYALAYA PONNANI PETITIONER(S)/ACCUSED NOS.1 TO 7: 1 FASIL @ FASIL RAHMAN, AGED 31 YEARS S/O.KUNJALI, POOTHARA KAVIL HOUSE, VATTAMKULAM POST, MALAPPURAM DISTRICT, PIN - 679578 2 MUHAMMED SHABEER, AGED 29 YEARS S/O.MOIDEENKUTTY, MUNDENKATTIL HOUSE, VATTAMKULAM POST, MALAPPURAM DISTRICT, PIN - 679578 3 RAEES, AGED 28 YEARS S/O.IBRAHIM, KURUNGATT VALAPPIL HOUSE, SUKAPURAM POST, EDAPPAL, MALAPPURAM DISTRICT, PIN - 679576 4 ISMAIL, AGED 29 YEARS S/O.MUHAMMED, POOZHIKUNNATH HOUSE, VATTAMKULAM POST, MALAPPURAM DISTRICT, PIN - 679578 5 ASKAR, AGED 35 YEARS S/O.KUNHAHAMMED, PALAKKAVALAPPIL HOUSE, VATTAMKULAM POST, MALAPPURAM DISTRICT, PIN - 679578 6 SHERIF, AGED 32 YEARS S/O.HASSAN, PILAKKAL HOUSE, VATTAMKULAM POST, MALAPPURAM DISTRICT, PIN - 679578 7 ABOOBACKER SIDDIQUE, AGED 33 YEARS Crl.M.C. No.693 of 2025 2 2025:KER:15401 S/O.MUHAMMED, ADHIKARATH VALAPPIL HOUSE, VATTAMKULAM POST, MALAPPURAM DISTRICT, PIN - 679578 BY ADVS. R.SREEHARI HAMZA A.V. APARNA M.P. CIBY PAUL RESPONDENT(S)/DEFACTO COMPLAINANT & STATE: 1 AL AMEEN RAMEES, AGED 24 YEARS S/O.KASIM, KAMBILLA VALAPPIL HOUSE, THAVANOOR POST, MALAPPURAM DISTRICT, PIN - 679573 2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, COCHIN, PIN - 682031 3 THE STATION HOUSE OFFICER, CHANGARAMKULAM POLICE STATION, ALAMKODE POST, MALAPPURAM DISTRICT, PIN - 679585 BY ADVS. M.C. ASHI, PUBLIC PROSECUTOR K. RAJESH SUKUMARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.02.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C. No.693 of 2025 3 2025:KER:15401 ORDER Dated this the 18th day of February, 2025 Petitioners are the accused in Crime No.594 of 2024 registered at the Changaramkulam Police Station for offences punishable under Sections 143, 147, 448, 341, 323, 294(b), 506 and 149 of the Indian Penal Code, now pending as S.T.No.46 of 2024 on the files of the Grama Nyayalaya, Ponnani. 2. The crime was registered on the allegation that, at about 12:45 hrs on 12.04.2024, the accused, due to previous enmity, trespassed into the work place of the defacto complainant/1st respondent, verbally abused him and threatened to kill him. It is further alleged that, later at 01:45 pm, the accused again trespassed into his office, took him to the parking area and physically assaulted him. Crl.M.C. No.693 of 2025 4 2025:KER:15401 3. Learned Counsel for the petitioners submitted that the dispute, which led to the incident and registration of the crime, is amicably settled and Annexure 7 affidavit has been filed by the 1st respondent vouching this fact. 4. Learned Counsel for the 1st 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, the contents of which are vouched to be true and voluntary by the Counsel for the 1st 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 Crl.M.C. No.693 of 2025 5 2025:KER:15401 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 3 Final Report in Crime No.594 of 2024 and all further proceedings in S.T.No.46 of 2024 on the files of the Grama Nyayalaya, Ponnani, as against the petitioners, is quashed. Sd/- V.G.ARUN JUDGE NB/18-2 Crl.M.C. No.693 of 2025 6 2025:KER:15401 APPENDIX OF CRL.MC 693/2025 PETITIONER ANNEXURES ANNEXURE 1 TRUE COPY OF THE FIRST INFORMATION REPORT DATED 15/04/2024 IN CRIME NO. 594/2024 OF CHANGARAMKULAM POLICE STATION, MALAPPURAM DISTRICT ANNEXURE 2 CERTIFIED COPY OF THE FIRST INFORMATION STATEMENT DATED 15/04/2024 IN CRIME NO. 594/2024 OF CHANGARAMKULAM POLICE STATION, MALAPPURAM DISTRICT GIVEN BY THE 1ST RESPONDENT/DEFACTO COMPLAINANT ANNEXURE 3 CERTIFIED COPY OF THE FINAL REPORT ALONG WITH THE WITNESSES DETAILS IN CRIME NO. 594/2024 OF CHANGARAMKULAM POLICE STATION, MALAPPURAM DISTRICT, SUBMITTED BEFORE THE GRAMA NYAYALAYA, PONNANI ANNEXURE 4 CERTIFIED COPY OF THE STATEMENT OF PROSECUTION WITNESSES (6 NOS), SUBMITTED BY THE 3RD RESPONDENT BEFORE THE GRAMA NYAYALAYA, PONNANI ALONG WITH THE FINAL REPORT IN CRIME NO. 594/2024 OF CHANGARAMKULAM POLICE STATION, MALAPPURAM DISTRICT ANNEXURE 5 CERTIFIED COPY OF THE SCENE MAHAZAR SUBMITTED BY THE 3RD RESPONDENT BEFORE THE GRAMA NYAYALAYA, PONNANI ALONG WITH THE FINAL REPORT IN CRIME NO. 594/2024 OF CHANGARAMKULAM POLICE STATION, MALAPPURAM DISTRICT ANNEXURE 6 CERTIFIED COPY OF THE WOUND CERTIFICATE ISSUED FROM SUKAPURAM HOSPITAL, EDAPPAL, SUBMITTED BY THE 3RD RESPONDENT BEFORE THE GRAMA NYAYALAYA, PONNANI ALONG WITH THE FINAL REPORT IN CRIME NO. 594/2024 OF CHANGARAMKULAM POLICE STATION, MALAPPURAM DISTRICT ANNEXURE 7 AFFIDAVIT IN ORIGINAL DULY SWORNED AND SIGNED BY THE 1ST RESPONDENT/ DEFACTO COMPLAINANT DATED 11/01/2025 TRUE COPY P.A. TO JUDGE