Aneesh Joseph And Ors vs State Of Kerala And Ors

Petitioners are the accused in Crime No.2495 of 2019 registered at the Changanassery Police Station for the offence punishable under Sections

341, 324, 294(b), 308 r/w 34 of IPC, now pending as C.P.No.26 of 2020 of Judicial First Class Magistrate-I, Changanassery. The de facto

complainant at whose instance the crime was registered is the 2nd respondent. Annexure II affidavit has been filed by the 2nd respondent, stating that

the dispute has been settled and that he has no subsisting grievance against the petitioners. It is submitted that CW2, who was also an injured person,

is no more.

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 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.P.No.26 of 2020 of Judicial First Class Magistrate-I, Changanassery is quashed.