Rosh V.R vs Reeshma C And Ors

The petitioner is the accused in C.C.No.125/2021 of Judicial First Class Magistrate Court-I, Kannur. It is a prosecution initiated against the

petitioner alleging offences punishable under Sections 498A, 323 and 506(i) of the IPC.

When this matter came up for consideration, the learned counsel for the petitioner submitted that the entire disputes between the petitioner and the

defacto complainant are settled out of court. A counsel also appeared for the 1st respondent. The counsel submitted that the matter is settled. The

Public Prosecutor also submitted that the settlement report is genuine. In such circumstances, I think this Crl.M.C. can be allowed.

Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by the respondent No. 1 the

contents of which are submitted to be true and voluntary, I am satisfied that the matter has been amicably settled and that no public interest is involved

in this matter. Moreover, in view of the settlement arrived at between the parties, there is no possibility of the criminal proceedings ending in

conviction. 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.

Hence, this Crl.M.C. is allowed. All further proceedings in C.C.No.125/2021 of Judicial First Class Magistrate Court-I, Kannur are quashed.