Manikuttan vs State Of Kerala And Ors

This petition is filed under Sec. 482 of the Cr.P.C. to quash the entire proceedings in Crime No.936 of 2018 on the file of the Judicial First Class

Magistrate Court â€" I, Paravoor. The above case is registered against the petitioner alleging offences punishable under Section 420 of the IPC.

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

2nd respondent are settled out of court. Annexure-A3 is the signed affidavit filed by the 2nd respondent. A counsel also appeared for the 2nd

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. 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.936 of 2018 on the file of the Judicial First Class Magistrate Court â€" I, Paravoor,

which arises from Crime No.2514 of 2016 of Paripally Police Station, Kollam, are quashed.