Muhammed Shameer vs State Of Kerala
2021 Latest Caselaw 11670 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

     FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943

                     Crl.MC.No.1774 OF 2021(B)

AGAINST THE ORDER/JUDGMENT IN SC 591/2019 OF SUB COURT, KASARAGOD

      CRIME NO.83/2017 OF MANJESWAR POLICE STATION, KASARGOD


PETITIONER/ACCUSED NO.3:

             MUHAMMED SHAMEER
             AGED 24 YEARS
             S/O. ABOOBAKKER, SEMINA MANZIL, KOLARAKKA MAJAL,
             KUNJATHUR VILLAGE, KASARGOD DISTRICT.

             BY ADV. SRI.S.JIJI

RESPONDENTS/STATE:

      1      STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM-682 031

      2      MOIDEEN AKRAM
             AGED 36 YEARS
             S/O. AHAMMED MOIDEE (LATE), TAKWA MANZIL, B.S. NAGAR,
             KUNJATHUR VILLAGE AND POST, KASARAGOD DISTRICT, PIN-
             671 552

      3      U.A.ABOOBAKKER SIDDIQUE
             AGED 36 YEARS
             S/O. ADAM KUNHI, UKA MANZIL, IRSHAD NAGAR, KUNJATHUR
             POST, UDYAVARA VILLAGE, KASARAGOD DISTRICT-671 552

             R2-3 BY ADV. M.M.BABY

OTHER PRESENT:

             PP T.R.RENJITH

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.1774 OF 2021
                                      2




                                ORDER

Dated this the 9th day of April 2021

Petitioner is the third accused in Crime No.83/2017

registered at the Manjeswar Police Station, Kasaragod,

for offences punishable under Sections 341, 323, 324 &

308 read with Section 34 of IPC, now pending as

S.C.No.591/2019 on the files of Assistant Sessions Court,

Kasaragod. The de facto complainant and the other

injured person are arrayed as 2nd and 3rd respondents

and have filed Annexure-A2(a) and A2(b) 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 petitioner.

2. Heard the learned Public Prosecutor also, who,

on instructions, submits that the petitioner has no

criminal antecedents.

3. Having considered the gravity of the offences

alleged, nature of the injury caused and having perused

the affidavits filed by 2nd and 3rd respondents, the CRL.M.C.NO.1774 OF 2021

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 S.C.No.591/2019, pending before

the Assistant Sessions Court, Kasaragod, arising out of

Crime No.83/2017 of Manjeswar Police Station is quashed.

Sd/-

V.G.ARUN

JUDGE

NB/09.04.21 CRL.M.C.NO.1774 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF FINAL REPORT IN CR.

83/2017 OF MANJESHWAR POLICE STATION.

ANNEXURE A2               NIL

ANNEXURE A2 A             AFFIDAVIT DATED 13.11.2020 SWORN BY THE 2ND
                          RESPONDENT.

ANNEXURE A2 B             AFFIDAVIT DATED 13.11.2020 SWORN BY THE 3RD
                          RESPONDENT.


RESPONDENT'S EXHIBITS: NIL



                            TRUE COPY
                          P.A. TO JUDGE