IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
Crl.MC.No.5679 OF 2020(H)
AGAINST THE JUDGMENT IN CC 448/2020 OF JUDICIAL MAGISTRATE OF
FIRST CLASS COURT-I,KASARAGOD
CRIME NO.2/2020 OF THE KASARAGODE POLICE STATION
PETITIONER/ACCUSED NOS 1 AND 2:
1 SARFRAS @ CHEPPU
AGED 23 YEARS
S/O. SAJUDHEEN, RESIDING AT KOMBANADUKKAM HOUSE,
CHEMMANAD VILLAGE, KASARAGOD DISTRICT.
2 NIDHAL,
AGED 22 YEARS
S/O. KAREEM, RESIDING AT DARUL HASSANATH, NORTH
BATHIRA, VIDYANAGAR P.O, KASARAGOD DISTRICT.
BY ADV. SHRI.JAWAHAR JOSE
RESPONDENT/STATE AND THE DE FACTO COMPLAINANT:
1 THE STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031.
2 MUHAMMED SAJUDDEEN
AGED 23 YEARS
S/O. AHAMMED SHAREEF C, RESIDING AT CHEKKARAMKODE
HOUSE, CHEMMANAD P.O, KASARAGOD DISTRICT, PIN -
671317.
R2 BY ADV. JAISON ANTONY
OTHER PRESENT:
SR.PP.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.5679 OF 2020(H) ..2..
ORDER
Dated this the 7th day of January 2021 Petitioners are the accused in Crime No.2/2020 registered at the Kasargod Police Station for offences punishable under Sections 341 and 324 r/w 34 of IPC, now pending as C.C.No.448/2020 on the files of the Judicial First Class Magistrate Court-I, Kasargod. The de facto complainant, at whose instance the crime was registered, is arrayed as the 2 nd respondent. Annexure-E affidavit has been filed by 2nd respondent stating that the dispute, which was the reason for the incident and registration of the crime, has been resolved amicably and he has no subsisting grievance against the petitioners.
2. Heard the learned Public Prosecutor also, Crl.MC.No.5679 OF 2020(H) ..3..
who, on instructions, submits that the petitioners have 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 2 nd respondent, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and no public interest is involved in this matter. Moreover, in view of the settlement, possibility of the criminal proceedings 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. Crl.MC.No.5679 OF 2020(H) ..4..
In the result, this Crl.M.C is allowed. The proceedings in C.C.No.448/2020 on the files of the Judicial First Class Magistrate Court-I, Kasargod is quashed.
Sd/-
V.G.ARUN
SB/07/01/2021 JUDGE
Crl.MC.No.5679 OF 2020(H) ..5..
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A CERTIFIED COPY OF THE FIR IN CRIME
NO. 2/2020 OF KASARAGOD POLICE
STATION,
ANNEXURE B CERTIFIED COPY OF THE CHARGE SHEET AS
AGAINST THE PETITIONERS WHICH WAS FILED IN CRIME NO. 2/2020 OF KASARAGOD POLICE STATION.
ANNEXURE C CERTIFIED COPY OF THE MEMO OF EVIDENCE FILED ALONG WITH ANNEXURE B CHARGE SHEET.
ANNEXURE D CERTIFIED COPY OF WOUND CERTIFICATE FILED ALONG WITH ANNEXURE B CHARGE SHEET.
ANNEXURE E COPY OF THE AFFIDAVIT DATED 4.12.2020 SWORN BY THE 2ND RESPONDENT EVIDENCING SETTLEMENT.
//true copy// P.A to Judge