Sameer Illath vs State Of Kerala
2021 Latest Caselaw 11788 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.1593 OF 2021(H)

  (TO QUASH ALL FURTHER PROCEEDINGS IN CC 1459/2020 IN
     CRIME NO.598/2020 OF KOYILANDY POLICE STATION,
                  KOZHIKODE DISTRICT)




PETITIONER/ACCUSED:

        SAMEER ILLATH, AGED 36 YEARS,
        S/O.IBRAHIM, ILLATH HOUSE,
        VEERAVANCHERI, KAALOOR P.O.,
        KOZHIKODE-673 521.

        BY ADV. SRI.M.P.SHAMEEM AHAMED


RESPONDENTS/COMPLAINANT & VICTIMS:

 1      STATE OF KERALA,
        REPRESENTED BY THE PUBLIC PROSECUTOR,
        HIGH COURT OF KERALA,
        ERNAKULAM-683 001, AND OTHERS

 2      THE SUB INSPECTOR OF POLICE,
        KOYILANDI POLICE STATION, KOZHIKODE-673 305.

 3      UBAIS, S/O. MAMMAD, THAZHA KALLANKANDI HOUSE,
        PURAKKAD P.O., KOYILANDI TALUK.
        KOZHIKODE-673 522.

        R3 BY ADV. CYRIAC TOM


OTHER PRESENT:

        SENIOR PUBLIC PROSECUTOR, SRI.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.MC.No.1593 OF 2021(H)

                                  2




                            JUDGMENT

Petitioner is the accused in Crime No.

598/2020 registered at the Koyilandi Police

Station for offences punishable under Sections

341, 323, 324, 294(b), 506, 427 of IPC, now

pending as C.C.No.1459/2020 on the files of the

Judicial First Class Magistrate Court, Koyilandi.

The de facto complainant, at whose instance the

crime was registered is arrayed as the third

respondent. Annexure-A3 affidavit has been filed

by the 3rd respondent stating that the dispute,

which led to registration of the crime, has been

settled amicably and he has no subsisting

grievance in the matter.

2. Heard the learned Public Prosecutor also,

who, on instructions, submits that the petitioner

has no criminal antecedents.

Crl.MC.No.1593 OF 2021(H)

3. Having considered the gravity of the

offences alleged, nature of the injury caused

and having perused the affidavit filed by the 3 rd

respondent, the contents of which are submitted

to be true and voluntary, I am satisfied that

the dispute is settled and that 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. The

proceedings in C.C.No.1459/2020 on the files of

the Judicial First Class Magistrate Court, Crl.MC.No.1593 OF 2021(H)

Koyilandi is quashed. Annexure-A1 FIR and all

proceedings in Crime No.598/2020 is also

quashed.

Sd/-

V.G.ARUN, JUDGE

ss Crl.MC.No.1593 OF 2021(H)

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE 1 TRUE ATTESTED COPY OF THE FIR IN CRIME NO 598/2020 OF KOYILANDI POLICE STATION

ANNEXURE 2 COPY OF FINAL REPORT

ANNEXURE 3 COPY OF AFFIDAVIT OF THE RESPONDENT NO 3