Jayesh Chandran vs State Of Kerala And Ors

This petition is filed under Sec. 482 of the Cr.P.C. to quash the entire proceedings in C.C.No.50/2019 on the file of the Additional Chief Judicial

Magistrate Court, Thiruvananthapuram which arises from Crime No.637/2017 of Poojappura Police Station. The above case is registered against the

petitioner alleging offences punishable under Sections 323, 354, 354(A) (1) of the IPC.

When this matter came up for consideration, the learned counsel for the petitioner submitted that the entire dispute between the petitioner and the

victim in this case is already settled. A counsel also appeared for the 3rd respondent. The counsel submitted that the matter is settled. The Public

Prosecutor also submitted that the matter is settled. In the light of the above facts, there is no purpose in continuing this criminal prosecution against

the petitioner.

Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by the respondent No.3 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 C.C.No.50/2019 on the file of the Additional Chief Judicial Magistrate Court,

Thiruvananthapuram arising from Crime No.637/2014 of the Poojappura Police Station are quashed.