IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942
Crl.MC.No.5584 OF 2020(G)
AGAINST THE ORDER/JUDGMENT IN CC 132/2019 OF JUDICIAL MAGISTRATE
OF FIRST CLASS - II, PERUMBAVOOR
PETITIONERS/ACCUSED 1 TO 7:
1 ABOOBACKER SIDDIQUE
AGED 22 YEARS
S/O JAMAL,
VANIYAAKATTU HOUSE,
VENGOLA VILLAGE,
THANDEKKAD,
ERNAKULAM DISTRICT,
KERALA-683547
2 ASIF AHAMMED
AGED 21 YEARS
S/O UMMER,
EDAPPARAMBIL HOUSE, KOOVAPPADY VILLAGE,
EDAVOORKARA, PERUBAVOOR,
ERNAKULAM DISTRICT, KERALA-683548
3 BAVA MUHAMMED
AGED 22 YEARS
S/O MUHAMMED, KANAMPURAM HOUSE, PERUMBVOOR VILLAGE,
IRINGOLEKARA, PERUMBAVOOR,
ERNAKULAM DISTRICT, KERALA-683548
4 JOHN PAUL
AGED 21 YEARS
S/O POLACHAN,
MAROTTIKUDY HOUSE, KALADY VILLAGE, KALADYKARA,
ERNAKULAM DISTRICT, KERALA-683574
5 FAHAD ABOOBACKER
AGED 22 YEARS
S/O ABOOBACKER,
PRAMANAKUDY HOUSE, CHENGAMANAD VILLAGE, THURUTHKARA,
ERNAKULAM DISTRICT, KERALA-683574
6 NIVED AUGUSTIN
AGED 21 YEARS
S/O AUGUSTIN,
ATHAPPILLY HOUSE, VADAKKUMBAGHOM VILLAGE,
CRL.M.C.NO.5584 OF 2020
2
CHENGALKARA,
ERNAKULAM DISTRICT,
KERALA-683574
7 MUHAMMED SHANU
AGED 21 YEARS
S/O ABOOBACKER,
KROTHUKUDY HOUSE,
VENGOLA VILLAGE, VENGOLA KARA, ERNAKULAM DISTRICT,
KERALA-683574
BY ADV. SRI.ROSHAN C ASHARAF
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031
2 ANANTHAKRISHNAN. K.R
AGED 20 YEARS,
S/O RADHAKRISHANAN,
KIZHAKKELAN HOUSE,
KIZHAKUMBHAGOM VILLAGE,
KALADY-683574
3 SHAHUL UMMER
AGED 20 YEARS
S/O UMMER, MATTATHIL HOUSE, PARAPPURAM BAGHOM,
KIZHAKKUMBAGHOM VILLAGE, KANJOOR KARA,
ERNAKULAM-683575
R2-3 BY ADV. HASHIM ALTHAF
OTHER PRESENT:
PP T.R.RENJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C.NO.5584 OF 2020
3
O R D E R
Dated this the 8th day of January 2021 Petitioners are accused Nos.1 to 7 in Crime No.183/2019 registered at the Kuruppanpadi Police Station, Ernakulam for offences punishable under Sections 341, 323, 294(b), 143, 147, 149 of IPC, now pending as C.C.No.132/2019 on the files of the Judicial First Class Magistrate Court-III, Perumbavoor. The de facto complainants, at whose instance the crime was registered, are arrayed as the 2nd and 3rd respondents. Annexure-A3 and Annexure-A3(a) affidavits have been filed by 2nd and 3rd respondents stating that the dispute, which was the reason for the incident and registration of the crime, have been resolved amicably and they have no subsisting grievance against CRL.M.C.NO.5584 OF 2020 4 the 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 the 2nd and 3rd 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 CRL.M.C.NO.5584 OF 2020 5 v. State of 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.No.132/2019 on the files of the Judicial First Class Magistrate Court-III, Perumbavoor is quashed.
Sd/-
V.G.ARUN JUDGE NB CRL.M.C.NO.5584 OF 2020 6 APPENDIX PETITIONERS'S EXHIBITS:
ANNEXURE-A1 CERTIFIED COPY OF THE FIR NO. 183/2019 DATED 18.02.2019 OF THE KURUPPAMPADY POLICE STATION ANNEXURE-A2 CERTIFIED COPY OF THE FINAL REPORT DATED 21.03.2019 OF CRIME 183/2019 OF THE KURUPPAMDY POLICE STATION ANNEXURE-A3 AFFIDAVIT DULY SWORN BY THE 2ND RESPONDENT/DE FACTO COMPLAINANT 1 DATED 03.12.2020 ANNEXURE-A3(a) AFFIDAVIT DULY SWORN BY THE 3RD RESPONDENT/DE FACTO COMPLAINANT 2 DATED 03.12.2020