IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942
Crl.MC.No.5203 OF 2020(A)
AGAINST THE JUDGMENT IN SC 127/2019 OF ADDITIONAL DISTRICT COURT &
SESSIONS COURT - III, MANJERI
CRIME NO.194/2016 OF Vengara Police Station , Malappuram
PETITIONER:
HARIS
AGED 40 YEARS
S/O. MOIDEENKUTTY, KALLATHAL HOUSE, KANNATTIPPADI,
MALAPPURAM DISTRICT.
BY ADV. SRI.P.K.MOHAMED JAMEEL
RESPONDENTS:
1 MANIKATHODI SHIBILI
AGED 28 YEARS
S/O. ABDUL KAREEM, MANIKATHODI HOUSE, KANNATTIPPADI
P.O, MALAPPURAM DISTRICT-676304.
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031.
R1 BY ADV. JINU JOSEPH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.01.2021,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crmc 5203/2020 2
V.G.ARUN, J.
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Crl.M.C.No.5203 of 2020
===========================
Dated this the 5th day of January, 2021
ORDER
Petitioner is the accused in Crime No.194 of 2016 registered at the Vengara Police Station for the offence punishable under Sections 341, 323, 506(i), 308 r/w 34 of IPC, now pending as S.C.No.127 of 2019 on the files of Additional District and Sessions Court-III, Manjeri. The de facto complainant at whose instance the crime was registered is the 1 st respondent. Annexure A2 affidavit has been filed by the 1 st respondent, stating that the dispute has been settled and that he has no subsisting grievance against the petitioner.
2. Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioner has no criminal antecedents.
3. Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by the 1st respondent, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and that no public interest is involved in this matter. Moreover, in view of the settlement, possibility of the criminal proceedings Crmc 5203/2020 3 ending in conviction is remote. 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 sought.
4. In the result, this Crl.M.C is allowed. The proceedings in S.C.No.127 of 2019 on the files of Additional District and Sessions Court-III, Manjeri is quashed.
Sd/-
V.G.ARUN JUDGE lgk Crmc 5203/2020 4 APPENDIX OF Crl.MC 5203/2020 PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF FINAL REPORT IN CRIME NO.194/2016 OF VENGARA POLICE STATION. ANNEXURE A2 ORIGINAL AFFIDAVIT OF IST RESPONDENT.