Kerala High Court
Athmakumar C.M vs Aswanth V.K on 9 April, 2021
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.1323 OF 2021(E)
AGAINST THE ORDER/JUDGMENT IN CC 1432/2020 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -I,KOYILANDY
CRIME NO.649/2020 OF KOYILANDY POLICE STATION, KOZHIKODE
PETITIONER/ACCUSED:
ATHMAKUMAR C.M.
AGED 24 YEARS
S/O.KRISHNAN, GURUPUNEYAM HOUSE, VIRUNNUKANDY
PADINJARE VALLAPIL, KOYILANDY POST, KOYILANDY,
KOZHIKODE DISTRICT - 673 305.
BY ADV. SRI.K.ARJUN VENUGOPAL
RESPONDENTS/COMPLAINANTS & STATE:
1 ASWANTH V.K.
AGED 24 YEARS
S/O.SHAJI, VISWAKRIPA HOUSE, NEAR GOVT. FISHERIES
SCHOOL KOYILANDY, KOYILANDY POST, KOYILANDY,
KOZHIKODE DISTRICT - 673 305.
2 THE STATION HOUSE OFFICER
KOYILANDY POLICE STATION, KOZHIKODE DISTRICT - 673
605.
3 STATE OF KERALA
(RESPONDENTS 2 AND 3 REPRESENTED BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM).
R1 BY ADV. ASWIN KUMAR M J
OTHER PRESENT:
SR.PP.C.S.HRITHWIK
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.1323 OF 2021
2
ORDER
Dated this the 9th day of April 2021
The petitioner is the sole accused in Crime
No.649/2020 registered at the Koyilandy Police
Station, Kozhikode, for offences punishable under
Sections 341 & 326 of IPC, now pending as
C.C.No.1432/2020 on the files of Judicial First Class
Magistrate Court-I, Koyilandy. The de facto
complainant, at whose instance the crime was
registered is arrayed as the first respondent herein.
He has filed Annexure-A2 affidavit, 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
petitioner.
2. Heard the learned Public Prosecutor also,
who, on instructions, submits that the petitioner has
no criminal antecedents.
CRL.M.C.NO.1323 OF 2021
3. Having considered the gravity of the offences
alleged, nature of the injury caused and having
perused the affidavits filed by the first 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.
Even though, the offence under Section 326 of I.P.C.
is alleged, it appears from the final report that the
incident had occurred on the spur of the moment and
the defacto complainant sustained the injury, when he
had hit with a stone by the petitioner. 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.
CRL.M.C.NO.1323 OF 2021
In the result, this Crl.M.C is allowed.
Further proceedings in C.C.No.1432/2020, pending
before the Judicial First Class Magistrate Court-I,
Koyilandy arising out of Crime No.649/2020 of
Koyilandy Police Station is quashed.
Sd/-
V.G.ARUN
JUDGE
NB/09.04.21
CRL.M.C.NO.1323 OF 2021
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE FINAL REPORT IN
C.C.NO.1432/2020.
ANNEXURE A2 AFFIDAVIT DATED 26/02/2021 SWORN BY THE
RESPONDENTS NO.1.
RESPONDENT'S EXHIBITS: NIL
TRUE COPY
P.A. TO JUDGE
