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Judgment
Petitioners are the accused in Crime No.601 of 2019 registered at the Attingal Police Station for offences punishable under Sections 341, 323, 324,
294(b), 506(i) and 34 of IPC, now pending as C.C.No.808 of 2017 on the files of Judicial First Class Magistrate-I, Attingal. The de facto complainant
at whose instance the crime was registered is the 2nd respondent. Annexure A3 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.
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.C.No.808 of 2017 on the files of Judicial First Class Magistrate-I, Attingal is quashed.