Kerala High Court
Lalu vs State Of Kerala on 8 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943
Crl.MC.No.1694 OF 2021(B)
AGAINST THE ORDER/JUDGMENT IN CC 1610/2020 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -II, CHERTHALA
CRIME NO.1450/2019 OF AROOR POLICE STATION, ALAPPUZHA
PETITIONERS:
1 LALU
AGED 53 YEARS
S/O. KARUNAKARAN, ARUNODAYAM HOUSE, EZHUPUNNA
PANCHAYAT WARD 5, ERAMALLOOR P.O, ALAPPUZA, PIN-688
537
2 SHAIJU,
AGED 55 YEARS
S/O. CHAKRAPANI, KAYIPPURATHU HOUSE, KODAMTHURUTHU
PANCHAYAT, WARD NO. 6, KUTHIATHODE P.O, ALAPPUZHA,
PIN-688 533
BY ADV. SRI.MANU ROY
RESPONDENT:
1 STATE OF KERALA
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, AT
ERNAKULAM.
2 NAUSHAD
AGED 43 YEARS
S/O. ABOOBECKER, KUNNEL HOUSE, AROOR PANCHAYAT, WARD
NO. 11, CHANDIROOR P.O, ALAPPUZHA, PIN-688 535
3 VISHNU MAHATO
AGED 29 YEARS
S/O. JAGADHISH MAHATO, BAGADI BASATHI HOUSE, VILL
BAGRA THANA MAHUDA, DHANBAD DISTRICT, JHARKHAND
STATE, PIN-828 305, NOW RESIDING AT SANA MARINE SEA
FOOD, AROOR PANCHAYAT, WARD NO. 11, CHANDIROOR P.O,
ALAPPUZHA, PIN-688 535
R2-3 BY ADV. K.N.BINDU
CRL.M.C.NO.1694 OF 2021
2
OTHER PRESENT:
PP T.R.RENJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C.NO.1694 OF 2021
3
ORDER
Dated this the 8th day of April 2021
Petitioners are accused Nos. 1 and 2 in Crime
No.1450/2019 registered at the Aroor Police Station,
Alappuzha, for offences punishable under Sections 452,
323, 324, 294(b) read with Section 34 of IPC, now
pending as C.C.No.1610/2020 on the files of Judicial First
Class Magistrate Court-II, Cherthala. The de facto
complainant, at whose instance the crime was registered,
and the other injured person are arrayed as the 2 nd
and 3rd respondents respectively. They have filed
Annexure-A3 & A4 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.
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
CRL.M.C.NO.1694 OF 2021
the affidavits filed by the 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 proceedings in C.C.No.1610/2020, pending before
the Judicial First Class Magistrate Court-II, Cherthala
arising out of Crime No.1450/2019 of Aroor Police Station
is quashed.
Sd/-
V.G.ARUN
JUDGE
NB/08.04.21
CRL.M.C.NO.1694 OF 2021
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO.
1450/2019 OF AROOR POLICE STATION
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO. 1450/2019.
ANNEXURE A3 AFFIDAVIT FILED BY THE 2ND RESPONDENT.
ANNEXURE A4 AFFIDAVIT FILED BY THE 3RD RESPONDENT.
RESPONDENT'S EXHIBITS: NIL
TRUE COPY
P.A. TO JUDGE
