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Judgment
Petitioner is the accused in Crime No.948 of 2019 registered at the Koipuram Police Station for offences punishable under Sections 279, 341 and
308 of IPC, now pending as C.P.No.8 of 2020 on the file of Judicial First Class Magistrate Court-II, Pathanamthitta. The de facto complainant at
whose instance the crime was registered is the 1st respondent. Annexure B affidavit has been filed by the 1st 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 1st 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.P.No.8 of 2020 on the file of Judicial First Class Magistrate Court-II, Pathanamthitta is
quashed.