LAWS(KER)-2020-8-176

SAVIN Vs. STATE OF KERALA

Decided On August 12, 2020
Savin Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Petitioners in Criminal M.C.3114/2020 are the accused in Crime No.506/2018 registered at the Nedupuzha Police Station for offences punishable under Sections 498-A , 406 and 323 of IPC, now pending as C.C.No.2076/2018 on the files of the Judicial First Class Magistrate Court-II, Thrissur. The petitioner in Criminal M.C.No.3116/2020, who is the first petitioner in Criminal M.C.No.3114/2020, is the accused in Crime No.509/2018, registered at the Nedupuzha Police Station, for offences punishable under Sections 406 , 420 , 465 and 468 of IPC.

(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 3 rd respondent, 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 proceedings in C.C.No.2076/2018 of the Judicial First Class Magistrate Court-II, Thrissur and Annexure-I FIR and the further proceedings in Crime No.509/2018 of Nedupuzha Police Station are quashed.