IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 20^TH DAY OF JANUARY 2025 / 30TH POUSHA, 1946 CRL.MC NO. 10521 OF 2024 CRIME NO.8/2020 OF KOLATHUR POLICE STATION, MALAPPURAM AGAINST THE ORDER/JUDGMENT IN SC NO.185 OF 2021 OF DISTRICT COURT& SESSIONS COURT,MANJERI PETITIONERS: 1 NABEEL, AGED 28 YEARS S/O ABU,PALLITHODI HOUSE, KOLATHOOR P O ERUMATHADAM, MALAPPURAM, PIN - 679338

2 JUBAIS, AGED 27 YEARS S/O SAITHALAVI,NARIPETTA HOUSE, KOLATHOOR P O ,ERUMATHADAM, MALAPPURAM, PIN - 679338

3 MUHAMMED MUHSIN , AGED 28 YEARS S/O YUSAF,KARUVAKOTTIL HOUSE, KOLATHOOR P O ,ERUMATHADAM, MALAPPURAM, PIN - 679338

4 ABDUL GAFOOR , AGED 38 YEARS S/O ALI.VILINJIPPULAN HOUSE KOLATHOOR P O , ERUMATHADAM, MALAPPURAM,, PIN - 679338

5 SATHISH KUMAR , AGED 29 YEARS S/O AYYAPPAN,IGIRIKUNNATH HOUSE, KOLATHOOR P O,ERUMATHADAM, MALAPPURAM, PIN - 679338 BY ADVS.

APPU AJITH K.T.SIDHIQ RESPONDENTS:

1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031

2 JAMEEL JALEEL, AGED 30 YEARS S/O ABDUL JALEEL ,KUNNUMPURATH HOUSE, RANDAM MUKKALI, EDAKUNNAM (PO) KANJIRAPPALLY, KOTTAYAM, PIN - 686541 BY ADVS SHYNI DAS J.S.

PP-SMT.SEETHA S.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.01.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER Dated this the 20^th day of January, 2025 The petitioners are accused Nos.1 to 5 in Crime No.8 of 2020 registered at the Kolathur Police Station for the offence punishable under Section 395 of the Indian Penal Code, now pending as S.C. No.185 of 2021 on the files of the Additional District and Sessions Court-III, Manjeri.

2. The crime was registered on the allegation that, on

08.01.2020, at about 10:30 PM, the defacto complainant and a classmate were in a parked car at Erumathadam when the petitioners approached them. They took the car keys, prevented the defacto complainant from leaving, and demanded Rs.50,000/-. The petitioners took Rs.3,000/- and the defacto complainant's ATM card and forced him to reveal the PIN. They thereafter withdrew Rs.17,000/- from the card, thereby committing the alleged offence.

3. Learned Counsel for the petitioners submitted that the dispute, which led to the incident and registration of the crime, is amicably settled and Annexure A3 affidavit has been filed by the 2nd respondent vouching this fact.

4. Learned Counsel for the 2^nd respondent also submitted that the dispute is settled and his client has no grievance against the petitioners.

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 2^nd 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 A2 final report in Crime No.8 of 2020 of Kolathur Police Station and all further proceedings in S.C.No.185 of 2021 on the files of the Additional District and Sessions Court-III, Manjeri, as against the petitioners, is quashed.

Sd/-

V.G.ARUN JUDGE SPV APPENDIX OF CRL.MC 10521/2024 PETITIONERS’ ANNEXURES ANNEXURE A1 A TRUE COPY OF THE FIR IN CRIME 8/2020 OF KOLATHUR POLICE STATION, MALAPPUARAM DISTRICT DATED 9.01.2020 ANNEXURE A2 A TRUE COPY OF THE FINAL REPORT IN CRIME

8/2020 OF KOLATHUR POLICE STATION, MALAPPUARAM DISTRICT DATED 15/9/2020 ANNEXURE A3 THE ORIGINAL OF THE AFFIDAVIT SWORN AND SIGNED BY THE 2ND RESPONDENT DATED

6/11/2024 RESPONDENTS’ ANNEXURES: NIL //TRUE COPY//

PA