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.7151 OF 2019(D)
AGAINST THE JUDGMENT IN CC 55/2018 OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT-I,ERNAKULAM
CRIME NO.438/2017 OF ERNAKULAM SOUTH RAILWAY POLICE STATION
PETITIONER/ACCUSED:
SAINUL ABEED
AGED 33 YEARS
S/O.MUHAMMAD, KUNNUMPURATH HOUSE, KODOORKARA,
ONGALLOOR, PATTAMBI, PALAKKAD
BY ADVS.
SRI.K.M.MADHU
SMT.VISHNUJA AJAYAN
RESPONDENT/DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN-682031
2 DR. FAIZAL MAVULLADATHIL
AGED 46 YEARS
S/O.KUNJAMMAD, THAIKANDIYIL HOUSE, KAYAKKODI.P.O.,
KOZHIKODE PIN-673508
R2 BY ADV. BIJU.V.JOHN
OTHER PRESENT:
SR.PP.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.7151 OF 2019(D) ..2..
ORDER
Dated this the 8th day of January 2021 Petitioner is the accused in Crime No.438/2017 registered at the Ernakulam South Railway Police Station for offences punishable under Sections 511 and 379 of IPC, now pending as C.C.No.55/2018 on the files of the Judicial First Class Magistrate Court- I, Ernakulam. The de facto complainant, at whose instance the crime was registered, is arrayed as the 2nd respondent. Annexure-A2 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 petitioner.
2. Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioner Crl.MC.No.7151 OF 2019(D) ..3..
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 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.7151 OF 2019(D) ..4..
In the result, this Crl.M.C is allowed. The proceedings in C.C.No.55/2018 on the files of the Judicial First Class Magistrate Court-I, Ernakulam is quashed.
Sd/-
V.G.ARUN
SB/08/01/2020 JUDGE
Crl.MC.No.7151 OF 2019(D) ..5..
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE CERTIFIED COPY OF FINAL REPORT
DATED 6.12.2017 IN CC NO.55/2018 OF CRIME NO.438/2017 OF ERNAKULAM SOUTH RAILWAY POLICE STATION OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ERNAKULAM ANNEXURE A2 AFFIDAVIT OF 2ND RESPONDENT/DEFACTO COMPLAINANT //true copy// P.A to Judge