MOHAMMED SHAHAM Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are the accused in Crime No.77 of 2019 registered at the Kuttipuram Police Station for offences punishable under Sections 143, 147, 148, 447, 341, 323, 324, 326 r/w Section 149 of IPC, now pending as C.C.No.788 of 2019 on the files of the Judicial First Class Magistrate Court-I, Tirur. The de facto complainant and the other persons injured in the incident are arrayed as respondents 3 to 6. Annexures A5, A6, A7, A8 and A9 affidavits have been filed by the said respondents stating that the dispute which had resulted in the incident and 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 affidavit filed by the respondents 2 to 6, 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.