Thomas @Shine And Ors vs State Of Kerala And Ors

Petitioners are the accused in C.C.No.1739/2017 on the file of the Judicial First Class Magistrate Court, Kadakkal (Temporary) which arises from

Crime No.1330/2017 of Kadakkal Police Station. Above case is charge sheeted against the petitioners alleging offence punishable under section 498A

R/w 34 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 3rd respondent are settled out of court. A counsel also appeared for the 3rd 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. 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.1739/2017 on the file of the Judicial First Class Magistrate

Court, Kadakkal (Temporary) which arises from Crime No.1330/2017 of Kadakkal Police Station are quashed.