Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
V. G. Arun, J
AKSHAY – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1620 OF 2025 | CRIME NO.1924/2023 | CC NO.1359 OF 2023
| Table of Content |
|---|
| 1. incident leading to criminal charges occurred due to animosity. (Para 1 , 2) |
| 2. parties have amicably settled the dispute, with affidavits confirming no grievances. (Para 3 , 4) |
| 3. court observes absence of public interest warrants quashing of proceedings. (Para 6) |
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.06.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER Dated this the 30th day of June, 2025 The petitioners are accused Nos.1 to 4 in Crime No.1924 of 2023 registered at the Kilimanoor Police Station for offences punishable under Sections 34 1 , 294(b), 506, 323, and 34 of the Indian Penal Code , now pending as C.C.No.1359 of 2023 on the files of the Judicial First Class Magistrate Court-IV, Attingal.
2. The crime was registered on the allegation that, on 21.10.2023, at about 10:00 PM, the accused, due to animosity for questioning their reckless driving, wrongfully restrained the de facto complainant and CW2, verbally abused, assaulted and threatened to kill them.
3. Learned Counsel for the petitioners submitted that the dispute, which led to the incident and registration of the crime, is amicably settled and Annexures A3 and A4 affidavits have been filed by respondents 3 and 4 vouching this fact.
4. Learned Counsel for respondents 3 and 4 also submitted that the dispute is settled and his clients have 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 affidavits, the contents of which are vouched to be true and voluntary by the Counsel for respondents 3 and 4, 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.1924 of 2023 of Kilimanoor Police Station and all further proceedings in C.C.No.1359 of 2023 on the files of the Judicial First Class Magistrate Court-IV, Attingal, as against the petitioners, is quashed.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
