Judgment · High Court

STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 CRL.MC NO. 10897 OF 2024 2 2 3 SUB INSPECTROR OF POLICE, KODUNGALLOOR, THRISSUR, PIN - 680664 ADITHYAN M.P, AGED 24 YEARS, S/O SIDHARTHAN, MANAKATTUPADI HOUSE, NEAR ERIYAD DISPENSARY, ERIAYD VILLAGE, KODUNGALLOOR, THRISSUR, PIN - 680666 BY ADV NOORUL HASSAN SMT. S. SEETHA, PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

21.01.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 10897 OF 2024 3 ORDER Dated this the 21st day of January, 2025 The petitioners are accused Nos. 2 to 4 in Crime No.882 of 2017 registered at the Kodungallur Police Station for offences punishable under Sections 341, 323, 324 and 34 of the Indian Penal Code, now pending as C.C No.2041 of 2017 on the files of the Judicial First Class Magistrate Court, Kodungallur.

The crime was registered on the allegation that, on 14.04.2017, at about 18.30 hours, accused Nos. 1 to 4, with intention of causing hurt to the de facto complainant, wrongfully restrained and attacked him using a wooden stick and bare hands.

Learned Counsel for the petitioners submitted that the dispute, which led to the incident and registration of the crime, is amicably settled and Annexure 2 affidavit has been filed by the 3rd respondent vouching this fact.

Learned Counsel for the 3rd respondent CRL.MC NO. 10897 OF 2024 4 also submitted that the dispute is settled and his client has no grievance against the petitioners.

Learned Public Prosecutor pointed out that the 1st petitioner, who is the 2nd accused in Crime No. 882 of 2017, is having criminal antecedents.

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, 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. CRL.MC NO. 10897 OF 2024 5

Insofar as the dispute involved is amicably settled between the parties, criminal antecedents of one among the petitioners need not stand in the way of this Court exercising the power under Section 528 of Cr.P.C. In the result, this Crl.M.C is allowed. Annexure 1 final report in Crime No. 882 of 2017 of Kodungallur Police Station and all further proceedings in C.C No. 2041 of 2017 on the files of the Judicial First Class Magistrate Court, Kodungallur, as against the petitioners, is quashed. ARK Sd/- V.G.ARUN JUDGE CRL.MC NO. 10897 OF 2024 6 APPENDIX OF CRL.MC 10897/2024 PETITIONER ANNEXURES ANNEXURE 1 THE CERTIFIED COPY OF THE FINAL REPORT IN C.C NO.2041 OF 2017 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KODUNGALLOOR, ARISING OUT OF CRIME NO.882 OF 2017 OF KODUNGALLOOR POLICE STATION, THRISSUR DISTRICT ANNEXURE 2 THE TRUE COPY OF AFFIDAVIT DATED 04-10-2024 SWORN BY THE 3RD RESPONDENT/DEFACTO COMPLAINANT