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Nithin P.v. v. State Of Kerala

Kerala High Court
Oct 22, 2020

P.V. Kunhikrishnan, J.:— Petitioners are the accused in crime No. 647/2020 of Pariyaram Medical College Police Station. The above case is registered against the petitioners alleging offences punishable under Section 354A(1)(ii), 354D(1)(i), 506 of IPC and Section 66E of Information Technology Act, 2000.

2. When this case came up for consideration the learned counsel for the petitioners submitted that the entire dispute between the petitioners and the victim in this case are settled out of Court.

3. A counsel appeared for the 3 respondent who is the victim in this case. The learned counsel also submitted that the matter is settled.

4. The Public Prosecutor after getting a statement from the victim submitted that the matter is settled.

5. Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by the third respondent, the contents of which are submitted to be true and voluntary, I am satisfied that the matter has been amicably settled and that no public interest is involved in this matter. Moreover, in view of the settlement arrived at between the parties, 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 [(2012) 10 SCC 303], there is no impediment in granting the relief.

6. The Crl.M.C. is allowed. All further proceedings in crime No. 647/2020 of Pariyaram Medical College Police Station, Kannur are quashed.