RATHEESH P. T. Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are the accused in Crime No.606/2019 registered at the Feroke Police Station for offences punishable under Ss. 498A, 323, 406, r/w 34 of IPC, now pending as C.C.No.36/2021 on the files of the Judicial First Class Magistrate Court-VI, Kozhikode. The de facto complainant, at whose instance the crime was registered is arrayed as the 2nd respondent. Annexure-IV affidavit has been filed by the 2nd respondent stating that the dispute, which led to registration of the crime, has been settled amicably and that she has no subsisting grievance in the matter.

(2.) Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioners have no criminal antecedents. A statement of the 2nd respondent is also recorded by the station house officer and in which she reiterated that the issues are settled.

(3.) Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by the 2nd 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.