High CourtsSingle Bench(2021) 01 KL CK 0542

Moosakutty V vs State Of Kerala And Ors

High Court Of Kerala · Decided on 22 January 2021

HON’BLE JUDGES
V.G. Arun, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Case No. 311 Of 2021

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Judgment

12 paragraphs · 255 words
1.

Petitioner is the accused in Crime No.06 of 2021 registered at the Ponnani Police Station for offences punishable under Sections 457, 380 and 461

of IPC. The de facto complainant, at whose instance the crime was registered, is arrayed as the third respondent. Annexure C affidavit has been filed

by the third respondent stating that the dispute which led to registration of the crime, has been settled amicably and he has no subsisting grievance in

the matter.

2.

Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioner has no criminal antecedents.

3.

Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by the thrid 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. Annexure I FIR and all proceedings in Crime No.06 of 2021 registered at the Ponnani Police Station is quashed.