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.5586 OF 2020(G)
AGAINST THE ORDER/JUDGMENT IN CC 510/2016 DATED 21-06-2016 OF
JUDL. FIRST CLASS MAGISTRATE COURT,NORTH PARAVUR (TEMPORARY)
CRIME NO.550/2016 OF VARAPPUZHA POLICE STATION , ERNAKULAM
PETITIONERS/ACCUSED:
1 MICHAEL
AGED 56 YEARS
S/O. OUSEPH, CHAMMINIYODATHU HOUSE, KORAMBADAM KARA,
KADAMAKKUDY, PIN - 682 027
2 JISMON JOSI
AGED 21 YEARS
S/O. JOSI, CHAMMINIYODATHU HOUSE, KORAMBADAM KARA,
KADAMAKKUDY, PIN - 682 027
3 SAVIO MICHAEL
AGED 29 YEARS
S/O. MICHAEL, CHAMMINIYODATHU HOUSE, KORAMBADAM KARA,
KADAMAKKUDY, PIN - 682 027
BY ADV. K.K.VINOD
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682 031.
2 THE SUB INSPECTOR OF POLICE
VARAPPUZHA POLICE STATION, ERNAKULAM, PIN - 683517
3 VIJIL V. A.
AGED 31 YEARS
S/O. ADRIYAN, VARIYATH HOUSE, KORAMBADAM KARA,
KADAMAKKUDY, PIN - 682 027
R3 BY ADV. K.S.BINOY
OTHER PRESENT:
PP RENJITH T.R.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C.NO.5586 OF 2020
2
O R D E R
Dated this the 4th day of January 2021 Petitioners are accused Nos.1, 2 and 3 in Crime No.550/2016 registered at the Varappuzha Police Station, Ernakulam for offences punishable under Sections 323, 294(b), 448, 506 (1) read with Section 34 of IPC, now pending as C.C.No.510/2016 on the files of the Judicial First Class Magistrate Court-III, North Paravur. The de facto complainant, at whose instance the crime was registered, is arrayed as the 3rd respondent. Annexure-A3 affidavit has been filed by 3rd 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.
CRL.M.C.NO.5586 OF 2020 3
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 affidavit filed by the 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 v. State of Punjab and another [(2012) 10 CRL.M.C.NO.5586 OF 2020 4 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.510/2016 on the files of the Judicial First Class Magistrate Court-III, North Paravur is quashed.
Sd/-
V.G.ARUN JUDGE NB CRL.M.C.NO.5586 OF 2020 5 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE FIR DATED 06.06.2016 IN CRIME NO.550/2016 OF VARAPUZHA POLICE STATION, ERNAKULAM ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT DATED 21.06.2016 IN CRIME NO.550/2016 OF VARAPUZHA POLICE STATION, ERNAKULAM ANNEXURE A3 ORIGINAL AFFIDAVIT FILED BY THE DEFACTO COMPLAINANT DATED 27.11.2020.