IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942
Crl.MC.No.5675 OF 2020(H)
AGAINST THE JUDGMENT IN CC 3/2020 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -IV,KOZHIKODE
CRIME NO.831/2019 OF Nadakkavu Police Station , Kozhikode
PETITIONER/ACCUSED:
1 SHERIN FAVAS
AGED 20 YEARS
S/O.SHABEER, KONNASSERIKUNI HOUSE, THEEKKODI P.O.,
KOZHIKODE-673529.
2 MIDHUN KRISHNA,
AGED 20 YEARS
S/O. BAIJU, POYYERI HOUSE, MAMPETTA, MANASSERY P.O.,
KOZHIKODE-673602.
3 MUHAMMED HISHAM,
AGED 20 YEARS
S/O.BASHEER, PARAKKAL HOUSE, ADUKKATH, KUTTIYADI
P.O., KOZHIKODE-673508.
4 ROSHAN JACOB,
AGED 20 YEARS
S/O. JOHN SANTHOSH, LATHA NIVAS, AMBALAPARAMBA,
VELLIMADUKUNNU, MERIKUNNU P.O., KOZHIKODE-673012.
5 AKSHAY M.,
AGED 20 YEARS
S/O.SURENDRAN M., AKSHAYA HOUSE, PANCHANAPARAMBIL,
KOTTAMANGALAM, FAROOQ COLLEGE P.O., KOZHIKODE-673632.
6 ADHARSH S.,
AGED 20 YEARS
S/O. SHARNGADHARAN, NANDHANAM HOUSE, VALLATH,
MOOZHIKKAL, CHELAVOOR P.O., KOZHIKODE-673571.
7 FRANKLIN MATHEW,
AGED 20 YEARS
S/O. JACOB JOHN, JAIN VILLA, VALLATH, MOOZHIKKAL,
CHELAVOOR P.O., KOZHIKODE-673571.
Crl.MC.No.5675 OF 2020(H) ..2..
8 NAFAZ N.M.,
AGED 20 YEARS
S/O. NAJEEB, MANKKODAN HOUSE, PINANGOD, KALPETTA
P.O., WAYANAD-673121.
9 MUHAMMED NADEEM,
AGED 20 YEARS
S/O. NASEER, THATHAMMA POYIL HOUSE, MALAYAMMA P.O.,
CHATHAMANGALAM, KOZHIKODE-673601.
BY ADV. SRI.T.D.SUSMITH KUMAR
RESPONDENT/STATE/COMPLAINANT/DE FACTO COMPLAINANT/CW2,CW3:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM.
2 SUB INSPECTOR OF POLICE
NADAKKAVU POLICE STATION, KOZHIKODE-673006.
3 NIHAD.A
AGED 19 YEARS
S/O. NAJEES M.M., NAAZ HOUSE, CHETTIYAMKANDI
PARAMBA, PANNIYANKARA, KALLAI P.O., KOZHIKODE-
673003.
4 AJAY
AGED 19 YEARS
S/O. UNNIKRISHNAN, SREELAKSHMI HOUSE, PALAKKAL
PARAMBA, PUTHOOR, POORATHARA, PUTHIYANGADI P.O.,
KOZHIKODE-673021.
5 ALEX VARGHESE
AGED 20 YEARS
S/O. VARGHESE, MENACHERY HOUSE, MORKKAVU, PINAGOTTU
P.O., KALPETTA, WAYANAD-673122.
R3-5 BY ADV. P.JERIL BABU
OTHER PRESENT:
SR.PP.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.5675 OF 2020(H) ..3..
ORDER
Dated this the 4th day of January 2021 Petitioners are the accused in Crime No.831/2019 registered at the Nadakkavu Police Station for offences punishable under Sections 143, 147, 148, 323, 324 r/w 149 of IPC, now pending as C.C.No.3/2020 on the files of the Judicial First Class Magistrate Court-IV, Kozhikode. The de facto complainant and the other persons injured are arrayed as respondents 3 to 5. Annexures-A3 to A5 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 no subsisting grievance against the petitioners.
Crl.MC.No.5675 OF 2020(H) ..4..
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 to 5, 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. The fact that both petitioners as well as the de facto complainants were students is also taken into consideration. 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 Crl.MC.No.5675 OF 2020(H) ..5..
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.
In the result, this Crl.M.C is allowed. The proceedings in C.C.No.3/2020 on the files of the Judicial First Class Magistrate Court-IV, Kozhikode is quashed.
Sd/-
V.G.ARUN
SB/04/01/2021 JUDGE
Crl.MC.No.5675 OF 2020(H) ..6..
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE CERTIFIED COPY OF THE F.I.R. IN
CRIME NO.831 OF 2019 OF NADAKKAVU POLICE STATION DATED 16.10.2019. ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT HAVING NO.1033/19 DATED 28.12.2019 OF NADAKKAVU POLICE STATION.
ANNEXURE A3 THE AFFIDAVIT DATED 23.11.2020 SWORN BY THE 3RD RESPONDENT.
ANNEXURE A4 THE AFFIDAVIT DATED 23.11.2020 SWORN BY THE 4TH RESPONDENT.
ANNEXURE A5 THE AFFIDAVIT DATED 23.11.2020 SW0RN BY THE 4TH RESPONDENT.
//true copy// P.A to Judge