Kerala High Court
Manu A.F vs State Of Kerala on 31 July, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:57743
CRL.MC NO. 4836 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 31ST DAY OF JULY 2025 / 9TH SRAVANA, 1947
CRL.MC NO. 4836 OF 2025
CRIME NO.656/2022 OF NARAKKAL POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT IN CC NO.624 OF 2022 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT, NJARAKKAL
PETITIONERS:
1 MANU A.F,
AGED 25 YEARS
S/O.FALGUNAN ARAKKAPARAMBIL HOUSE,
SOUTH PUTHUVYPE, PUTHUVYPE P.O.,
KOCHI, PIN - 682508
2 MIDHUN AMBROSE,
AGED 31 YEARS
S/O. AMBROSEKALARIKKAL HOUSE,
PARUTHIKADAVU, PUTHUVYPE P.O.,
KOCHI, PIN - 682508
3 ASHWIN,
AGED 21 YEARS
S/O. FALGUNAN, ARAKKAPARAMBIL HOUSE,
SOUTH PUTHUVYPE, PUTHUVYPE P.O.,
KOCHI, PIN - 682508
BY ADVS.
SRI.DENIZEN KOMATH
SMT.MEREENA.J.JOSEPH
SHRI.DEAN DENIZEN KOMATH
2025:KER:57743
CRL.MC NO. 4836 OF 2025
2
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER,
NJARAKKAL POLICE STATION,
NJARAKKAL P.O, KOCHI
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682505
3 ARUN ,
AGED 33 YEARS
S/O. UNNI, PALIYAMPARAMBIL (H),
SOUTH PUTHUVYPE, PRIYADHARSHINI ROAD,
PUTHUVYPE VILLAGE, ERNAKULAM.,
PIN - 682508
4 ABHILASH.
AGED 33 YEARS
S/O.GOPI, PALIYAMPARAMBIL (H),
SOUTH PUTHUVYPE, PRIYADHARSHINI ROAD,
PUTHUVYPE VILLAGE, ERNAKULAM, PIN - 682508
BY ADVS
SMT.SHAHANAS SALMA ABBAS
SRI. AJITH MURALI, PP.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
31.07.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:57743
CRL.MC NO. 4836 OF 2025
3
ORDER
Dated this the 31st day of July, 2025
The petitioners are accused Nos.1 to 3 in Crime No.656
of 2022 registered at the Njarakkal Police Station for offences
punishable under Sections 341, 326, 323, 294(b), 506 and 34 of
the Indian Penal Code, now pending as C.C.No.624 of 2022 on
the files of the Judicial First Class Magistrate Court, Njarakkal.
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 and A4 affidavits
have been filed by respondents 3 and 4 vouching this fact.
3. Learned Counsel for respondents 3 and 4 also
submitted that the dispute is settled and her clients have no
grievance against the petitioners.
4. I heard the learned Public Prosecutor also.
5. 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
2025:KER:57743
CRL.MC NO. 4836 OF 2025
4
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.656 of 2022 of Njarakkal Police Station and
all further proceedings in C.C.No.624 of 2022 on the files of the
Judicial First Class Magistrate Court, Njarakkal, as against the
petitioners, is quashed.
Sd/-
V.G.ARUN
JUDGE
SPV
2025:KER:57743
CRL.MC NO. 4836 OF 2025
5
APPENDIX OF CRL.MC 4836/2025
PETITIONERS’ ANNEXURES
ANNEXURE A1 TRUE CERTIFIED COPY OF THE FIR AND FIS IN
CRIME NO. 656/2022 OF THE 2ND RESPONDENT
POLICE STATION DATED 24.05.2022
ANNEXURE A2 TRUE CERTIFIED COPY OF THE CHARGE SHEET
FILED BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, NJARAKKAL AND TAKEN IN
AS C.C. NO. 624/2022 DATED 20.08.2022
ANNEXURE A3 TRUE ORIGINALS OF THE AFFIDAVITS DATED
20.05.2025 BY THE RESPONDENTS 3
ANNEXURE A4 TRUE ORIGINALS OF THE AFFIDAVITS DATED
20.05.2025 BY THE RESPONDENTS 4
RESPONDENTS’ ANNEXURES: NIL
//TRUE COPY//
PA TO JUDGE