Kerala High Court
Anandu K.Dev vs State Of Kerala on 7 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943
Crl.MC.No.968 OF 2021(A)
AGAINST THE ORDER/JUDGMENT IN CC 127/2017 OF CHIEF JUDICIAL
MAGISTRATE, KALEPETTA
CRIME NO.81/2016 OF KALPETTA POLICE STATION, WAYANAD
PETITIONERS/ACCUSED 1 AND 2 AND ADDITIONAL PETITIONERS:
1 ANANDU K.DEV
AGED 24 YEARS
S/O.(LATE) K.A.VASUDEVAN, KOOVALATHUMKATTIL (HOUSE),
KAMBALAKKAD (POST), VYTHIRI TALUK, WAYANADU DISTRICT,
PIN-673576.
2 MUHSIN,
AGED 26 YEARS
S/O.ABDUL KHADAR, CHERUVANASSERY (HOUSE), KAMBALAKKAD
(POST), KANIYAMBETTA VILLAGE, VYTHIRI TALUK, WAYANADU
DISTRICT, PIN-673576.
*3 SADIQUE RAHMAN
AGED 25 YEARS, S/O BASHEER, VADAKKAD PARAMBIL
(HOUSE), NEAR TO CHENNALI SCHOOL, PURAKKADI (POST),
WAYANADU DISTRICT, PIN-673 576
*4 MUHAMMED AJMAL
AGED 29 YEARS, S/O MOITHOOTTY, KACHA(HOUSE), ONNAM
MILE, KAMBALAKKAD (POST), KANIYAMBETTA VILLAGE,
VYTHIRI TALUK, WAYANADU DISTRICT, PIN-673 576
* IMPLEADED AS ADDITIONAL PETITIONERS AS PER ORDER
DATED 07.04.2021 IN CRL.M.APPLN.NO.2/2021 IN
CRL.M.C.NO.968 OF 2021
BY ADV. SRI.JESWIN P.VARGHESE
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULA - 682031
2 SANTHOSH
AGED 37 YEARS
CRL.M.C.NO.968 OF 2021
2
S/O.SASI, NJARAKKATTIL (HOUSE), ARIMBYER MALA,
PANAMARAM (POST), WAYANADU DISTRICT, PIN-670721.
3 NIJAS,
AGED 31 YEARS
S/O.MOOSA, NEYYADIKANDI (HOUSE), PANAMARAM (POST),
WAYANADU DISTRICT, PIN-670721.
R2-3 BY ADV. G.VIDYA
OTHER PRESENT:
PP M.R.DHANIL
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C.NO.968 OF 2021
3
ORDER
Dated this the 7th day of April 2021
Petitioners are accused Nos. 1 to 4 in Crime
No.81/2016, registered at the Kalpetta Police
Station, Wayanad for offences punishable under
Sections 341, 294(b), 323 & 325 read with Section
34 of IPC, now pending as C.C. No.127/2017 on the
files of Chief Judicial Magistrate Court, Kalpetta. The
de facto complainant, at whose instance the crime
was registered and another injured person, arrayed
as 2nd and 3rd respondents, have filed Annexure-C &
D affidavits, stating that the dispute, which was the
reason for the incident and registration of the crime,
has been resolved amicably and they have no
subsisting grievance against the petitioners.
Annexure-E is an agreement executed between the
parties, in terms of the settlement arrived at. The
other accused persons are arrayed as petitioner Nos.
3 and 4, against whom also the 2 nd and 3rd
CRL.M.C.NO.968 OF 2021
respondents have no subsisting grievance.
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 2 nd and 3rd respondents,
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.
In the result, this Crl.M.C is allowed. Further
CRL.M.C.NO.968 OF 2021
proceedings in C.C.No.127/2017 on the files of Chief
Judicial Magistrate Court, Kalpetta, arising out of
Crime No.81/2016 of Kalpetta Police Station is
quashed.
Sd/-
V.G.ARUN
JUDGE
NB/07.04.2021
CRL.M.C.NO.968 OF 2021
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A A CERTIFIED COPY OF THE FIR IN CRIME
NO.81/2016 OF KALPETTA POLICE STATION IN
WAYANADU DISTRICT DATED 06.02.2016.
ANNEXURE B A CERTIFIED COPY OF FINAL REPORT REGISTERED
AS C.C.NO.127/17 ON THE FILES OF CJM COURT,
KALPETTA DATED 31.03.2016.
ANNEXURE C THE AFFIDAVIT SWORN BY 2ND RESPONDENT/DE-
FACTO COMPLAINANT DATED 11.01.2021.
ANNEXURE D THE AFFIDAVIT SWORN BY 3RD
RESPONDENT/INJURED DATED 11.01.2021.
ANNEXURE E A TRUE COPY OF THE AGREEMENT EXECUTED
BETWEEN THE PETITIONERS AND RESPONDENTS 2
AND 3 DATED 22.12.2020.
RESPONDENT'S EXHIBITS: NIL
TRUE COPY
P.A. TO JUDGE
