Kerala High Court
Sumal N.C vs State Of Kerala on 11 April, 2024
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
CRL.MC NO. 2776 OF 2024
CRIME NO.91/2020 OF Thadiyittaparamba Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.459 OF 2020 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT, KAKKANAD
PETITIONER/S:
1 SUMAL N.C
AGED 23 YEARS
SON OF CHANDREN, NELLIKUNNU HOUSE, PAZHANGANADU,
KIZHAKKAMBALAM P.O, ERNAKULAM DISTRICT, PIN - 683562
2 RAHUL RAJAN
AGED 23 YEARS
SON OF RAJAN, CHELLAMPURATHUKUDI HOUSE, PAZHANGANADU,
KIZHAKKAMBALAM P.O, ERNAKULAM DISTRICT, PIN - 683562
BY ADV C.C.ANOOP
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER
THADIYITTAPARA MBA POLICE STATION ERNAKULAM DISTRICT,
PIN - 683105
3 SYAMALA
AGED 45 YEARS
DAUGHTER OF VELAYUDHAN, MALIYEKAMOLAM HOUSE,
PAZHANGANADU, KIZHAKKAMBALAM P.O, ERNAKULAM DISTRICT,
PIN - 683562
BY ADV HARSHADEV M.
OTHER PRESENT:
PP NIMA JACOB
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.2776 of 2024
2
ORDER
Dated this the 11th day of April, 2024 Petitioners are the accused Nos. 7 and 8 in Crime No.91 of 2020 registered at the Thadiyittaparamba Police Station for offences punishable under Sections 143, 147, 323, 324, 506 and 149 of IPC, now pending as C.C.No.459 of 2020 on the files of the Judicial First Class Magistrate Court, Kakkanad. The de facto complainant is arrayed as the third respondent. Annexure-A3 affidavit has been filed by the third respondent stating that the dispute, which had compelled her to file the complaint, leading to registration of the crime, has been settled amicably and she has no subsisting grievance against the petitioners.
2. Heard the learned Public Prosecutor also, Crl.M.C.No.2776 of 2024 3 who, on instructions, submits that no antecedents are reported against the petitioners.
3. Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit, the contents of which are vouched to be true and voluntary by the Counsel for the third respondent, I am satisfied that no public interest is involved in this matter and the dispute has been settled amicably. In view of the settlement arrived at between the parties, there is no possibility of the criminal proceedings ending in conviction. 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 Crl.M.C.No.2776 of 2024 4 is no impediment in granting the relief.
In the result, this Crl.M.C is allowed. Annexure-A2 final report and all further proceedings in C.C.No.459 of 2020 on the files of the Judicial First Class Magistrate Court, Kakkanad as against the petitioners, are quashed.
Sd/-
V.G.ARUN JUDGE Scl/ Crl.M.C.No.2776 of 2024 5 APPENDIX OF CRL.MC 2776/2024 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF FIRST INFORMATION REPORT IN CRIME NO. 91/2020 OF THE THADIYITTAPARA MBA POLICE STATION Annexure A2 THE CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO.91/2020 OF THE THADIYITTAPARA MBA POLICE STATION Annexure A3 . ORIGINAL OF THE AFFIDAVIT DATED ON 15.07.2023 SWORN IN BY THE 3RD RESPONDENT Annexure A4 THE TRUE COPY OF THE ADMISSION TICKET DATED 22.12.2023 ISSUED BY THE SECROTARY, KERALA CO-OPERATIVE SERVICE EXAMINATION BOARD, THIRUVANATHAPURAM