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Judgment
Petitioner is the accused in Crime No.667 of 2020 registered at the Mannarghat Police Station for the offences punishable under Sections 448, 353,
294(b) of IPC and Sections 4(2)(a) and 5 of the Kerala Epidemic Diseases Ordinance, 2020. The crime is registered on the allegation that, on
22.07.2020 by around 4.30 pm, the petitioner had trespassed into the Thenkara Grama Panchayat office, where the defacto complainant is working as
the Secretary, and had abused and attempted to assault an employee by name Sreeraj.R.Nair. The de facto complainant at whose instance the crime
was registered and Sreeraj R Nair, the aggrieved person, are arrayed as 3rd and 4th respondents. Annexure B affidavit has been filed by the 3rd
respondent and Annexure C affidavit by the 4th respondent, stating that the dispute has been settled and that they have 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 and 4th
respondents, 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. Further, the
allegation do not constitute offences under the Epidemic Diseases Ordinance. 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.667 of 2020 registered at the Mannarghat Police Station is quashed.