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No criminal proceedings against accused when the settlement has been done between the parties: High Court of Kerala

The process of the court will get abused by the continuance of criminal proceedings in a matter where the settlement has been done. A single bench judge comprising Hon’ble Justice P. V. Kunhikrishnan dealt with the issue of quashing an entire criminal case after the settlement had been done between the parties, in the case Naseef Sakhfi and others V. State of Kerala and other [Crl. MC. No. 2301 of 2021(G)] of Kerala High Court.

The petitioners were alleged of the offences punishable under sections 143, 147, 323 results withheld Section 149 of IPC. The petition filed under Section 482 of the Code of Criminal Procedure to cancel the punishments given in C.C.No.77 of 2021 on the file of the Judicial First Class Magistrate Court – I, Kozhikode, in which all six petitioners were
accused, as the counsel of both the parties agreed that the matter has been settled out.
Also, the public prosecutor from the side of the first respondent agreed that the matter is settled out. The second respondent namely Fasal Rehman K. K.(35) has submitted an affidavit into which he, with his free consent, agreed to settle the matters.

Seeing the facts and settlement to be true and voluntary the court found that there is no reason for continuing a criminal prosecution in opposition to the petitioners. And it was felt by the court that if the proceedings had continued, it would be abuse to the process of the court.
The court said: “Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by the respondent No. 2 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 and another [(2012) 10 SCC 303], there is no impediment in granting the relief.”

Hence, all further criminal proceedings against the petitioners were quashed.

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