Adarsh And Ors vs Kerala State And Ors

Petitioners are the accused in Crime No.1246 of 2019 registered at the Chavara Police Station, Kollam for offences punishable under Sections 341,

323, 324, and 294 (b) read with Section 34 of the I.P.C, now pending as C.C. No.27 of 2020 on the files of the Judicial First Class Magistrate Court,

Chavara. The defacto complainant and the other injured person are arrayed as respondents 3 and 4. Annexures â€" A2 and A3 affidavits have been

filed by respondents 3 and 4 stating that the dispute, which led to registration of the crime, has been settled amicably and they have no subsisting

grievance in the matter.

Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioners have no criminal antecedents.

Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by respondents 3 and 4, the

contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and that no public interest is involved in this matter.

Moreover, in view of the settlement, possibility of the criminal proceedings ending in conviction is remote. 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

sought.

In the result, this Crl.M.C is allowed. The proceedings in C.C. No.27 of 2020 on the files of the Judicial First Class Magistrate Court, Chavara is

quashed.