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Judgment
Petitioner is the accused in Crime No.1248 of 2017 registered at the Thumba Police Station, Thiruvananthapuram District for the offence
punishable under Sections 294(b), 323, and 324 of the IPC. The de facto complainant at whose instance the crime was registered is the 3rd
respondent. Annexure 3 affidavit has been filed by the 3rd respondent, stating that the dispute has been settled and that he has no subsisting grievance
against the petitioners.
Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioners have 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 Crime No.1248 of 2017 registered at the Thumba Police Station is quashed.