MUHAMMED N.M. Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are the accused in Crime No. 5126 of 2017 registered at the Aluva East Police Station, Ernakulam, for offences punishable under Sections 406 and 420 of IPC, now pending as C.C.No. 1122/2019 on the files of the Judicial First Class Magistrate Court-I, Aluva. The de facto complainant, at whose instance the crime was registered and the other injured person, are arrayed as the respondent Nos. 3 to 22. Annexure- A5 affidavit has been filed by the 3rd respondent stating that the dispute, which led to registration of the crime, has been settled amicably and that he has no subsisting grievance against the petitioners. All other aggrieved persons are impleaded and served with notice. The learned Public Prosecutor submits, on instructions, that all those persons have given statements to the police stating that their dispute with the petitioners is resolved, and they have no subsisting grievance against the petitioners.

(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 3rd 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.