Nithin And Ors vs State Of Kerala And Ors

Petitioners are the accused in Crime No.111/2021 of Rajakkadu Police Station. Above case is registered against the petitioners alleging offences

punishable under Sections 323, 324 read with Section 34 of IPC.

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

defacto complainant are settled out of court. A counsel also appeared for the 2nd respondent. The counsel submitted that the matter is settled. The

Public Prosecutor also submitted that the settlement report is genuine. In such circumstances, I think this Crl.M.C. can be allowed.

Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavits 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 Crime No.111/2021 of Rajakkad Police Station are quashed.