IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, THE 15^TH DAY OF JANUARY 2025/25TH POUSHA, 1946 CRL.MC NO. 9709 OF 2024 CRIME NO.746/2021 OF KARINKUNNAM POLICE STATION, IDUKKI AGAINST THE ORDER/JUDGMENT IN CC NO.4952 OF 2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I (FOREST OFFENCES), THODUPUZHA PETITIONER/1ST ACCUSED:

SPINKS T.GEORGE AGED 36 YEARS, S/O GEORGE JOSE THYLAMMANAL (H) ARUVITHURA P.O ERATTUPETTA-2, KOTTAYAM, PIN - 686122 BY ADVS.

JOSEPH KIRAN D. THEKKEKARA DAVIS PIUS RESHMA R.NAIR RESHMA S.MENON JEO GEORGE ARUN ANTONY (K/1053/2011)

RESPONDENTS/COMPLAINANT/STATE:

1 GEORGE KURIAKOSE S/O KURIAKOSE VATTAMPARAYIL (H) ILLICHARI BHAGAM, OTTALLOOR KARA, KARIMKUNNAM VILLAGE, KERALA, IDUKKI, PIN - 685586

2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM DISTRICT, PIN - 682031 BY ADV SUSAN KURIAKOSE SRI. M.C. ASHI, PP.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

15.01.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 15^th day of January, 2025 Petitioner is the 1^st accused in Crime No.746 of

2021 registered at the Karimkunnam Police Station for offences punishable under Sections 451, 170, 294(b), 506, 365, 323, 342, 201 & 34 of the Indian Penal Code, now pending as C.C No.4952 of 2021 on the files of the Judicial First Class Magistrate Court, Thodupuzha. 2. The crime was registered on the allegation that, on 26.10.2021, at about 8:00 pm, with the intention of kidnapping, the petitioner and 3^rd accused trespassed into the house of the de facto complainant and forcefully took him into an Innova car, and the 2^nd accused, who was sitting inside the Innova car, physically assaulted and threatened the de facto complainant by using abusive words, and thereby the alleged offences have been committed.

3. Learned Counsel for the petitioner submitted that the dispute, which led to the incident and registration of the crime, is amicably settled and Annexure A2 affidavit has been filed by the 1^st respondent vouching this fact.

4. Learned Counsel for the 1^st respondent also submitted that the dispute is settled and his client has no grievance against the petitioner.

5. I heard the learned Public Prosecutor also.

6. Having considered the gravity of the offences alleged and having perused the affidavit, the contents of which are vouched to be true and voluntary by the Counsel for the 1^st respondent, I am satisfied that no public interest is involved in this matter and the dispute has been settled amicably. In view of the settlement, there is no possibility of the criminal proceedings ending in conviction. 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.

In the result, this Crl.M.C is allowed. Annexure A1 final report in Crime No. 746 of 2021 of Karimkunnam Police Station and all further proceedings in C.C No.4952 of 2021 on the files of the Judicial First Class Magistrate Court, Thodupuzha, as against the petitioner, is quashed.

Sd/-

V.G.ARUN JUDGE ARK APPENDIX OF CRL.MC 9709/2024 PETITIONER ANNEXURES ANNEXURE A1 A TRUE COPY OF THE FINAL REPORT OF THE PRESENT CRIME NO: 746/2021 OF THE KARIMKUNNAM POLICE STATION ANNEXURE A2 A TRUE COPY OF THE AFFIDAVIT BETWEEN THE PETITIONER HEREIN & THE DEFACTO COMPLAINANT