Kerala High Court
Abhilash K.S vs State Of Kerala on 22 September, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:71076
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 22ND DAY OF SEPTEMBER 2025 / 31ST BHADRA, 1947
CRL.MC NO. 4519 OF 2025
CRIME NO.1822/2023 OF Ernakulam North Police Station, Ernakulam
IN SC NO.739 OF 2024 OF ASSISTANT SESSIONS COURT/II ADDITIONAL SUB
COURT, ERNAKULAM
PETITIONER:
ABHILASH K.S,
AGED 25 YEARS
S/O SANTHOSH, KOCHUPARAMBIL HOUSE, KONGORPILLY P.O, KOONAMMAVU
S.O., ERANKULAM, PIN - 682518
BY ADVS.
SRI.RAMEEZ NOOH
SMT.SHAFNA SINU
SHRI.DANIC ANTONY
SHRI.AMIN ALI ASHRAF
SMT.FATHIMA K.
RESPONDENTS:
1 STATE OF KERALA,
SHO KOTHAMANGALAM PS REPRESENTED BY PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, PIN - 682031
2 RAJESH K.R,
AGED 49 YEARS
S/O SANTHA K.K, KALATHARA HOUSE, ELOOR SOUTH, UDYAGOMANDAL S.O,
ERNAKULAM, PIN - 683501
BY ADVS.
SRI. VIPIN NARAYANAN, PUBLIC PROSECUTOR
SRI.K.N.MUHAMMED THANVEER
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.09.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.4519 of 2025
2025:KER:71076
2
ORDER
Dated this the 22nd day of September, 2025 Petitioner is the accused in Crime No.1822 of 2023 registered at the Ernakulam Town North Police Station for the offence punishable under Section 308 of the Indian Penal Code, now pending as S.C.No.739 of 2024 on the files of the Assistant Sessions Court, Ernakulam.
2. Learned Counsel for the petitioner 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.
3. Learned Counsel for the 2nd respondent also submitted that the dispute is settled and his client has no grievance against the petitioner.
4. I heard the learned Public Prosecutor also. Crl.M.C. No.4519 of 2025
2025:KER:71076 3
5. Having considered the gravity of the offence alleged and having perused the affidavit, the contents of which are vouched to be true and voluntary by the Counsel for the 2nd 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 FIR and Annexure A2 Final Report in Crime No.1822 of 2023 of Ernakulam Town North Police Station and all Crl.M.C. No.4519 of 2025 2025:KER:71076 4 further proceedings in S.C.No.739 of 2024 on the files of the Assistant Sessions Court, Ernakulam, as against the petitioner, is quashed.
Sd/-
V.G.ARUN JUDGE NB/22-9 Crl.M.C. No.4519 of 2025 2025:KER:71076 5 APPENDIX OF CRL.MC 4519/2025 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF FIR DATED 03.08.2023 IN CRIME NO.
1822 OF 2023 OF ERNAKULAM TOWN NORTH POLICE STATION ANNEXURE A2 TRUE COPY OF THE FINAL REPORT FILED IN CRIME NO.1822/2023 DATED 03.08.2023 IN S.C 739/2024 IS FILES OF SECOND ADDITIONAL SUB COURT, ERNAKULAM ANNEXUREA3 THE AFFIDAVIT DTD. 14.05.2025 SWORN BY THE 2ND RESPONDENT TRUE COPY P.A. TO JUDGE