Mohamed Shareef 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.166 of 2021 on the file of the Perinthalmanna Police

Station. The above case is registered against the petitioner alleging offences punishable under Sections 341, 323, 325 r/w 34 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 and 3rd respondents are settled out of court. Annexures A2 and A3 are the signed affidavit filed by the 2nd and 3rd respondents. A counsel also

appeared for the 2nd and 3rd respondents. 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 affidavits filed by the 2nd and 3rd

respondents 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 Crime No.166 of 2021 on the file of the Perinthalmanna Police Station are quashed.