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Judgment
14 paragraphs · 271 wordsPetitioners are the accused in Crime No.869/2020 registered at the Mathilakam Police Station for offences punishable under Sections 341, 323, 324
and 308 r/w 34 of IPC, now pending as C.P.No.40/2020 on the files of the Judicial First Class Magistrate Court, Kodungallur. The de facto
complainant, at whose instance the crime was registered, is arrayed as the 2nd respondent. Annexure-A3 affidavit has been filed by 2nd respondent
stating that the dispute, which was the reason for the incident and registration of the crime, has been resolved amicably and he has no subsisting
grievance against the petitioners.
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 the 2nd respondent, the
contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and 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.P.No.40/2020 on the files of the Judicial First Class Magistrate Court, Kodungallur is
quashed.