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Judgment
Petitioner is the accused in Crime No.116 of 2020 registered at the Vengara Police Station for offences punishable under Sections 452 and 308 of
IPC, pending as C.P.No.19 of 2020 on the files of the Judicial First Class Magistrate Court, Malappuram. The de facto complainant, at whose
instance the crime was registered, is arrayed as the second respondent. Annexure A2 affidavit has been filed by the second 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 petitioner has no criminal antecedents. It is also submitted that after
filing of the case, the de facto complainant who hails from another State, had gone back to his native place and therefore, his statement could not be
recorded. But, the de facto complainant has now returned and has given a statement to the investigating officer reiterating that the dispute is settled.
Having considered the gravity of the offences alleged, nature of the injury caused and in the light of the affidavit, the contents of which are
submitted to be true and voluntary and the fresh statement given by the de facto complainant, 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.116 of 2020 registered at the Vengara Police Station, pending
as C.P.No.19 of 2020 on the files of the Judicial First Class Magistrate Court, Malappuram, is quashed.