Jibin P Joy And Ors vs Gokul Raj And Ors

This petition is filed under Sec. 482 of the Cr.P.C. to quash the entire proceedings in C.C. No.1175 of 2017 on the file of the Judicial First Class

Magistrate Court-I, Kanjirapilly. The above case is registered against the petitioners alleging offences punishable under Sections 143, 147, 323, 324,

294(b) and 427, r/w 149 of the IPC.

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

respondent Nos.1 and 2 are settled out of court. Annexures A2 and A3 is the signed affidavit filed by the 1st and 2nd respondents. A counsel also

appeared for respondent Nos.1 and 2. 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 petitioners.

Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavits filed by the respondent Nos.1

and 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 C.C.No.1175 of 2017 on the file of the Judicial First Class Magistrate Court-I, Kanjirapilly,

are quashed.