NOUSHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are the accused in Crime No.1005 of 2016 registered at the Vadakara Police Station for offences punishable under Sections 143, 147, 148, 323, 324, 308, 506(II) read with Section 149 of IPC, now pending as C.P.No.53 of 2018 on the files of the Judicial First Class Magistrate Court, Vadakara. The de facto complainant and the other injured persons are arrayed as respondents 2 to 6. Annexures A7 to A11 affidavits have been filed by respondents 2 to 6 stating that the dispute, which led to registration of the crime, has been settled amicably and that they have no subsisting grievance in the matter. It is submitted that based on the settlement, the co-accused were acquitted and the counter cases quashed.

(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 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 and the acquittal of the c-accused, 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.