Thaslim And Ors vs State Of Kerala And Ors

Petitioners are the accused in C.C.No.65/2017 on the file of the Judicial First Class Magistrate Court-I, Ottapalam. Above case is charge sheeted

against the petitioners and others alleging offences punishable under Sections 143, 147, 148, 323, 324 and r/w 149 of IPC.

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

the victims are settled out of court. Respondent Nos.2 and 3 are the victims. A counsel appeared for the respondent Nos.2 to 3. The counsel also

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 Nos. 2

and 3 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 against the petitioners in C.C.No.65/2017 on the file of the Judicial First Class Magistrate

Court-I, Ottapalam which arises from Crime No.780/2016 of Cherpulassery Police Station are quashed.