Benatto Thomas vs State Of Kerala
2021 Latest Caselaw 3792 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

     TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

                      Crl.MC.No.5854 OF 2020(B)

  AGAINST THE JUDGMENT IN CC 1407/2019 OF JUDICIAL MAGISTRATE OF
                     FIRST CLASS -I,THRISSUR

      CRIME NO.452/2019 OF Viyyur Police Station , Thrissur


PETITIONERS:

      1        BENATTO THOMAS
               AGED 25 YEARS
               S/O THOMAS,
               KAITHATHARA HOUSE,
               KRISHNANAGAR STREET,
               KOLLAZHY P O, THRISSUR-680010.

      2        VISHNUDAS
               AGED 21 YEARS
               S/O HARIDAS, VALIYAVALAPPIL HOUSE,
               KRISHNANAGAR 4TH STREET,
               KOLLAZHY P O, THRISSUR-680010.

      3        GISHNH
               AGED 21 YEARS
               S/O RAMACHANDRAN,
               VELLUR HOUSE,
               KRISHNANAGAR 3RD STREET,
               KOLLAZHY P O, THRISSUR-680010.

      4        SREERAM
               AGED 22 YEARS
               S/O UNNIKRISHNAN,
               KADAVATH HOUSE,
               GREENLAND AVENUE,
               KOLLAZHY P O, THRISSUR-680010.

      5        ASWIN G NATH
               AGED 21 YEARS
               S/O GOPINATH,
               PUTHANKULAM HOUSE,
               KOLAZHY P O, THRISSUR-680010.

      6        SREEJITH
               AGED 20 YEARS
               S/O SASIDHARAN,
 Crmc 5854/2020                     2

                 VELLUR KURUPPIL HOUSE,
                 KRISHNANAGAR 4TH STREET,
                 KOLLAZHY P O, THRISSUR-680010.

       7         SANAL T S
                 AGED 22 YEARS
                 S/O SATHEESAN,
                 THAIVALAPPIL HOUSE,
                 KOLLAZHY P O, THRISSUR-680010.

       8         AKSHAY M ANAND
                 S/O RISHA ANAND,
                 MALAPPURATH HOUSE,
                 KOLLAZHY P O, THRISSUR-680010.

                 BY ADVS.
                 SRI.C.HARIKUMAR
                 SHRI.ANAND GOKULDAS

RESPONDENTS:

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

       2         SABU N
                 AGED 49 YEARS
                 S/O AUGUSTIN, NADEPARAMBUIL HOUSE, THIRUR, KOLAZHY
                 P O,
                 THRISSUR-680010.

                 R2 BY ADV. RENJITH RAJAPPAN


                 PP T.R.RENJITH

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
02.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crmc 5854/2020                       3




                                   V.G.ARUN, J.

                 ===========================
                         Crl.M.C.No.5854 of 2020
                 ===========================
                   Dated this the 2nd day of February, 2021


                                  ORDER

Petitioners are the accused in Crime No.452 of 2019

registered at the Viyyur Police Station for the offence punishable

under Sections 143, 153 and 149 of IPC, now pending as

C.C.No.1407 of 2019 of Judicial First Class Magistrate-I, Thrissur.

The de facto complainant at whose instance the crime was

registered is the 2nd respondent. Annexure A2 affidavit has been

filed by the 2nd respondent stating that the dispute has been

settled and that he has 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 the affidavit filed

by the 2nd 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.

4. In the result, this Crl.M.C is allowed. The proceedings in

C.C.No.1407 of 2019 of Judicial First Class Magistrate-I, Thrissur

is quashed.

Sd/-

V.G.ARUN JUDGE lgk

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE-A1 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO.452 OF 2019 OF VIYYUR POLICE STATION, THRISSUR DISTRICT.

ANNEXURE-A2 THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT DATED 25.11.2020.