Ananthu @ Unni vs State Of Kerala
2021 Latest Caselaw 12244 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

               THE HONOURABLE MR. JUSTICE K.HARIPAL

     FRIDAY, THE 23RD DAY OF APRIL 2021 / 3RD VAISAKHA, 1943

                    Crl.MC.No.2334 OF 2021(B)

 AGAINST THE ORDER/JUDGMENT IN CC 417/2016 OF JUDICIAL MAGISTRATE
                  OF FIRST CLASS -II,TRIVANDRUM

 CRIME NO.494/2014 OF Thumba Police Station , Thiruvananthapuram


PETITIONERS/ACCUSED 1 AND 2 :-


      1      ANANTHU @ UNNI,
             AGED 33 YEARS
             S/O. MAHENDRAN, RESIDING AT AALUM KUZHIVILA HOUSE,
             MANVILA, MANVILA WARD, ATTIPRA VILLAGE,
             THIRUVANANTHAPURAM DISTRICT, PIN-695581.

      2      SANAS,
             AGED 27 YEARS
             S/O. MAHEEN, RESIDING AT 127/25,
             KAATTIL HOUSE, ARASSUMMODU WARD,
             ATTIPRA VILLAGE, THIRUVANANTHAPURAM DISTRICT,
             PIN-695581.

             BY ADVS.
             SHRI.MITHUN P.
             SMT.PARVATHY S.KRISHNAN
             SMT.JAEONA JAMES


RESPONDENTS/STATE & DEFACO COMPLAINANT :-


      1      STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM,
             PIN-682031.

      2      CHAITHRA
             AGED 27 YEARS
             D/O. VASANTHAKUMARI, RESIDING AT TC 98/1149,
             CHAITHRAM HOUSE, NEAR MANVILA VILLAGE OFFICE, ATTIPRA
             WARD, ATTIPRA VILLAGE,
             THIRUVANANTHAPURAM DISTRICT-695581.
 Crl.MC.No.2334 OF 2021(B)

                               2

      3      SATHEESAN
             AGED 57 YEARS
             S/O. GOPALAN, RESIDING AT TC 98/1149,
             CHAITHRAM HOUSE, NEAR MANVILA VILLAGE OFFICE,
             ATTIPRA WARD, ATTIPRA VILLAGE,
             THIRUVANANTHAPURAM DISTRICT-695581.

             R2-3 BY ADV. JITHIN CHANDRAN C.T.

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.2334 OF 2021(B)

                                        3




                                      ORDER

This is an application filed under Section

482 Cr.P.C by the accused in Crime No.494 of 2014 of

Thumba Police Station in Thiruvananthapuram District

which was registered alleging offence punishable

under Sections 323, 354 and 34 of the IPC.

2. The defacto complainant is the second

respondent, Chaithra. Now, it is stated by the

petitioners that the matter has been settled between

the parties and in that event, the defacto

complainant does not want to pursue the proceedings.

In support of the contentions, the petitioners have

appended affidavits filed by respondents 2 and 3 who

are the injured, as per Annexures-A2 and A3

respectively, which state that they have no more

grievance against the petitioners/accused in the

crime.

3. It is quite evident from the contentions of

the parties and also Annexure A1 charge sheet that Crl.MC.No.2334 OF 2021(B)

it was a personal dispute between the parties where

no public interest is involved. In such a case,

since the prime witnesses who are the injured have

come forward with statements that the matter is

settled and they are not interested in prosecuting

the case, there is no point in proceeding to the

trial. That would also lessen the otherwise heavy

burden of the court. In the circumstances, this

Court cannot refuse to exercise its jurisdiction

under Section 482 Cr.P.C.

Accordingly, the Crl.M.C stands allowed.

Sd/-

K.HARIPAL JUDGE SMA Crl.MC.No.2334 OF 2021(B)

APPENDIX PETITIONER'S/S ANNEXURES :-

ANNEXURE A1 THE ACCUSED COPY OF THE FINAL REPORT/CHARGE SHEET, IN CRIME NO.494 OF 2014 OF THUMBA POLICE STATION, THIRUVANANTHAPURAM DISTRICT.

 ANNEXURE A2            THE AFFIDAVIT,   SOLEMNLY AFFIRMED BY
                        THE       2ND        RESPONDENT/DEFACTO
                        COMPLAINANT.

 ANNEXURE A3            THE AFFIDAVIT,   SOLEMNLY AFFIRMED BY
                        THE       3RD        RESPONDENT/DEFACTO
                        COMPLAINANT.