Varsha Vijayakumar, D/o Vijayakumar v. State of Kerala
2025-04-11
V.G.ARUN
body2025
DigiLaw.ai
ORDER : The petitioners are the accused in Crime No.95 of 2018 registered at the Chavara Police Station, for offences punishable under Sections 341, 294(b), 506 and 34 of the Indian Penal Code, now pending as S.T.No.174 of 2018 on the files of the Gram Nyayalaya, Chavara. 2. The crime was registered on the allegation that, on 25.11.2017 at 1 pm, while the de facto complainant was drinking juice from a wayside shop, accused restrained and abused him with filthy words, threatened and assaulted him. 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 A4 affidavit has been filed by the 3 rd respondent vouching this fact. 4. Learned Counsel for the 3 rd 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 3 rd 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.95 of 2018 of Chavara Police Station and all further proceedings in S.T.No.174 of 2018 on the files of the Gram Nyayalaya, Chavara, as against the petitioners, is quashed.