KIRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in Criminal M.C.No.2972/2020 are the accused in Crime No.627/2020 registered at the Anthikkad Police Station for offences punishable under Sections 341, 323 r/w 34 of IPC . The petitioners in Criminal M.C.Nos.2918/2020 and 3048/2020 are the accused in Crime No.628/2020 registered at the Anthikkad Police Station for offences punishable under Sections 143 , 147 , 148 , 448 , 341 , 323 , 326 r/w 149 of IPC . Both crimes are based on an incident which had taken place on 25.04.2020. The de facto complainants and the injured persons in both cases are arrayed as party respondents in the Criminal M.C.s. Affidavits have been filed by those respondents stating that the reason for the incident, which led to registration of the crime has been resolved amicably and they have 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 affidavits filed by the party respondents in both cases, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and 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 FIR and the proceedings in Crime Nos.627/2020 and 628/2020 of Anthikkad Police Station are quashed.