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Judgment
12 paragraphs · 252 wordsPetitioner is the accused in Crime No.445 of 2018 registered at the Vidyanagar Police Station for the offence punishable under Sections 341, 323,
324 IPC, now pending as C.C.No.1522 of 2018 of Judicial First Class Magistrate, Kasargod. The de facto complainant at whose instance the crime
was registered is the 2nd respondent. Annexure V has been filed by the 2nd respondent, stating that the dispute has been settled and that he has no
subsisting grievance against the petitioner.
Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioner has 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.1522 of 2018 of Judicial First Class Magistrate, Kasargod is quashed.