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Judgment
The petitioners are accused in Crime No.1507/2017 of Kalamassery Police Station. The above case is registered against the petitioners alleging
offences punishable under Sections 326, 324, 323, 341, 294(b) r/w Section 34 of IPC.
When this matter came up for consideration, the learned counsel for the petitioners submitted that the entire disputes between the petitioners and
the second respondent in this case are settled out of court. A counsel appeared for the second respondent. The counsel also submitted that the matter
is settled. The Public Prosecutor submitted that the settlement reported is genuine. In the light of the above facts, there is no purpose in continuing this
criminal prosecution against the petitioners.
Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by the respondent No. 2 the
contents of which are submitted to be true and voluntary, I am satisfied that the matter has been amicably settled and that no public interest is involved
in this matter. Moreover, in view of the settlement arrived at between the parties, 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.
Hence, this Crl.M.C. is allowed. All further proceedings in Crime No. 1507/2017 of Kalamassery Police Station are quashed.