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Judgment
Petitioners are the accused in Crime No.53 of 2020 registered at the Nileshwar Police Station for offences punishable under Sections 341, 323 and
324 r/w 34 of IPC, now pending as C.C.No.55 of 2020 on the files of the Juvenile Justice Board, Kasaragod. The de facto complainant, at whose
instance the crime was registered, is arrayed as the third respondent. Annexure A3 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.
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 third 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.55 of 2020 on the files of the Juvenile Justice Board, Kasaragod is quashed.