Kerala High Court
Unais vs State Of Kerala on 8 August, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:61419
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 8TH DAY OF AUGUST 2025 / 17TH SRAVANA, 1947
CRL.MC NO. 5391 OF 2025
CRIME NO.1462/2018 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM
IN CC NO.2222 OF 2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,
ATTINGAL
PETITIONERS:
1 UNAIS ,
AGED 37 YEARS
S/O SULAIMAN, NASRIN HOUSE, NEAR AATTAKULAM, CHITTATTINKARA
DESOM, ATTINGAL VILLAGE, THIRUVANANTHAPURAM,, PIN - 695101
2 SHIYAS ,
AGED 30 YEARS
S/O SHIHAB, JUMELA MANZIL, VELLAMKUDI, KALLARA VILLAGE,
THIRUVANANTHAPURAM, PIN - 695608
3 ASHOK KUMAR ,
AGED 25 YEARS
S/O AYYAPAN, NASRIN HOUSE, NEAR AATTAKULAM, CHITTATTINKARA
DESOM, ATTINGAL VILLAGE, THIRUVANANTHAPURAM, PIN - 695101
BY ADV. SRI.M.R.SARIN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN -
682031
2 THE STATION HOUSE OFFICER ,
ATTINGAL POLICE STATION, THIRUVANANTHAPURAM, PIN - 695101
3 VISHNU ,
AGED 38 YEARS
S/O BABU, K.N COTTAGE, NEAR VELLOORKONAM TEMPLE, ATTINGAL, NOW
RESIDING AT ASHA NIVAS, MAVIRAVILA, KADUVAYIL, ATTINGAL.P.O,
THIRUVANANTHAPURAM, PIN - 695101
Crl.M.C. No.5391 of 2025
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2
BY ADVS.
SRI. M.C. ASHI, SR.PP.
SMT.PARVATHI KRISHNA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08.08.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.5391 of 2025
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ORDER
Dated this the 08th day of August, 2025 Petitioners are accused Nos.1 to 3 in Crime No.1462 of 2018 registered at the Attingal Police Station for offences punishable under Sections 294(b), 323, 324, 341, 427 and 34 of the Indian Penal Code, now pending as C.C.No.2222 of 2018 on the files of the Judicial First Class Magistrate Court-I, Attingal.
2. 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 3rd respondent vouching this fact.
3. Learned Counsel for the 3rd respondent also submitted that the dispute is settled and her client has no grievance against the petitioners.
4. I heard the learned Public Prosecutor also. Crl.M.C. No.5391 of 2025
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5. 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 A2 Final Report in Crime No.1462 of 2018 of Attingal Police Station, and all further proceedings in Crl.M.C. No.5391 of 2025 2025:KER:61419 5 C.C.No.2222 of 2018, on the files of the Judicial First Class Magistrate Corut-I, Attingal, as against the petitioners, is quashed.
Sd/-
V.G.ARUN JUDGE NB/8-8 Crl.M.C. No.5391 of 2025 2025:KER:61419 6 APPENDIX OF CRL.MC 5391/2025 PETITIONER ANNEXURES ANNEXURE A1 THE CERTIFIED COPY OF THE F.I.R IN CRIME NO 1462/2018 IN ATTINGAL POLICE STATION, THIRUVANANTHAPURAM DATED 15.07.2018 ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT FILED BY THE 2ND RESPONDENT IN CRIME NO 1462/2018 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM NOW PENDING AS CC NO 2222/2018 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT I, ATTINGAL ANNEXURE A3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT TRUE COPY P.A. TO JUDGE