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Judgment
Petitioner is the accused in Crime No.285 of 2020 registered at the Malappuram Police Station for offences punishable under Sections 384 and 420 of IPC, now pending as C.C.No.820 of 2020 on the files of Judicial First Class Magistrate, Malappuram. The allegation is of the petitioner having duped the defacto complainant into paying money to him for engaging sexual chat, through 'whatsapp' pretending to be a woman. The de facto complainant at whose instance the crime was registered is the 3rd respondent. Annexure C affidavit has been filed by the 3rd respondent stating that the dispute has been settled and that he has no subsisting grievance against the petitioner.
Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioner has 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 that 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.820 of 2020 on the files of Judicial First Class Magistrate, Malappuram is quashed.