Michael And Ors vs State Of Kerala And Ors

Petitioners are accused Nos.1, 2 and 3 in Crime No.550/2016 registered at the Varappuzha Police Station, Ernakulam for offences punishable under Sections 323, 294(b), 448, 506 (1) read with Section 34 of IPC, now pending as C.C.No.510/2016 on the files of the Judicial First Class Magistrate Court-III, North Paravur. The de facto complainant, at whose instance the crime was registered, is arrayed as the 3rd respondent. Annexure-A3 affidavit has been filed by 3rd respondent stating that the dispute, which was the reason for the incident and registration of the crime, has been resolved amicably and 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 3rd respondent, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and 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.510/2016 on the files of the Judicial First Class Magistrate Court-III, North Paravur is quashed.