High CourtsSingle Bench(2021) 03 KL CK 0049

Sudeep And Ors vs State Of Kerala And Ors

High Court Of Kerala · Decided on 4 March 2021

HON’BLE JUDGES
V.G. Arun, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous No. 264 Of 2021

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Judgment

13 paragraphs · 261 words
1.

Petitioners are the accused in Crime No. 2758 of 2020 registered at the Koipuram Police Station for offences punishable under Sections 143, 147,

148, 149, 294(b), 326, 324 and 323 of IPC. The de facto complainant, at whose instance the crime was registered, is arrayed as the 2nd respondent.

Annexure A2 affidavit has been filed by 2nd respondent stating that the dispute, which led to registration of the crime, has been settled amicably and

that he has no subsisting grievance in the matter.

2.

Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioners have 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 2nd 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 A1 FIR and further proceedings in Crime No. 2758 of 2020 of the Koipuram Police Station is

quashed.