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.5722 OF 2020(E)
AGAINST THE JUDGMENT IN CC 1149/2013 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -I,PATHANAMTHITTA
CRIME NO.610/2013 OF Pathanamthitta Police Station ,
Pathanamthitta
PETITIONER/ACCUSED:
1 LITTLE SHEIK @ SHANU
AGED 32 YEARS
S/O.SAINULABUDEEN, PANDIYAR VEEDU, KULASEKHARAPATHI,
PATHANAMTHITTA P.O. AND VILLAGE, PATHANAMTHITTA
DISTRICT - 689 645.
2 SAINULABUDEEN
AGED 59 YEARS
S/O.MOIDEEN PICHA RAWTHER, PANDIYAR VEEDU,
KULASEKHARAPATHI, PATHANAMTHITTA P.O. AND VILLAGE,
PATHANAMTHITTA DISTRICT -689 645.
3 NABEEL ABDUL RAHMAN
AGED 59 YEARS
S/O.MOIDEEN PICHA RAWTHER, OTTAPLACKAL VEEDU, NEAR
OLD MOSQUE, PUZHAVATHU, PERUNNA VILLAGE,
CHANGANASSERY, KOTTAYAM DISTRICT - 686102.
BY ADVS.
SRI.MANU RAMACHANDRAN
SRI.M.KIRANLAL
SRI.R.RAJESH (VARKALA)
SRI.T.S.SARATH
SHRI.SAMEER M NAIR
RESPONDENT/STATE/DE FACTO COMPLAINANT AND AFFECTED PERSONS :
1 THE STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682 031.
2 THE STATION HOUSE OFFICER,
POLICE STATION OF PATHANAMTHITTA, PATHANAMTHITTA
DISTRICT - 689 645.
Crl.MC.No.5722 OF 2020(E) ..2..
3 REJANI,
AGED 43 YEARS, W/O.BIJU, ANAPARACKAL VEETTIL,
KUMBAZHA MURI, PATHANAMTHITTA VILLAGE,
PATHANAMTHITTA DISTRICT - 689645.
4 BIJU,
AGED 49 YEARS, S/O.SIVANANDAN, ANPARACKAL VEETIL,
KUMBAZHA MURI, PATHANAMTHITTA VILLAGE,
PATHANAMTHITTA DISTRICT - 689 645.
R3-4 BY ADV. SHRI.ANSU VARGHESE
OTHER PRESENT:
PP T.R.RENJITH
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.5722 OF 2020(E) ..3..
ORDER
Dated this the 7th day of January 2021 Petitioners are the accused in Crime No.610/2013 registered at the Pathanamthitta Police Station for the offence punishable under Section 13 r/w S.17 of the Kerala Money Lenders Act, now pending as C.C.No1149/2013 on the files of the Judicial First Class Magistrate Court-I, Pathanamthitta. The de facto complainant and the other aggrieved person are arrayed as respondents 3 and 4. Annexures-A2 and A3 affidavits have been filed by the said respondents stating that the dispute, which was the reason for the incident and registration of the crime, has been resolved amicably and they have no subsisting grievance against the Crl.MC.No.5722 OF 2020(E) ..4..
petitioners.
2. Heard the learned Public Prosecutor also, 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 affidavits filed by respondents 3 and 4, 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 Crl.MC.No.5722 OF 2020(E) ..5..
Punjab and another [(2012) 10 SCC 303], there is no impediment in granting the relief sought.
In the result, this Crl.M.C is allowed. The proceedings in C.C.No1149/2013 on the files of the Judicial First Class Magistrate Court-I, Pathanamthitta is quashed.
Sd/-
V.G.ARUN
SB/07/01/2021 JUDGE
Crl.MC.No.5722 OF 2020(E) ..6..
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE TRUE COPY OF THE FINAL REPORT IN
CRIME NO.610/2013 OF PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA DISTRICT NOW PENDING AS C.C.NO.1149/2013 OF JFMC-I, PATHANAMTHITTA.
ANNEXURE A2 THE ORIGINAL OF THE AFFIDAVIT DATED 04/12/2020 SWORN BY THE 3RD RESPONDENT/DE-FACTO COMPLAINANT. ANNEXURE A3 THE ORIGINAL OF THE AFFIDAVIT DATED 04/12/2020 SWORN BY THE 4TH RESPONDENT/CW2.
//true copy// P.A to Judge