Vishnu Pavithran vs The State Of Kerala
2021 Latest Caselaw 3794 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.5451 OF 2020(B)

  AGAINST THE JUDGMENT IN CC 1241/2018 OF JUDICIAL MAGISTRATE OF
                     FIRST CLASS -II,HOSDURG

      CRIME NO.491/2018 OF Nileswar Police Station, Kasargod


PETITIONERS:

      1        VISHNU PAVITHRAN
               AGED 22 YEARS
               S/O PAVITHRAN,
               RESIDING AT VISHNU NILAYAM, THAIKKADAPPURAM, P O,
               NILESHWAR VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT.

      2        SHYAM CHANDRAN
               AGED 22 YEARS
               S/O T K RAMACHANDRAN,
               RESIDING AT L R NILAYAM, A P ROAD,
               THAIKKADAPPURAM, P O, NILESHWAR VILLAGE, HOSDURG
               TALUK, KASARGOD DISTRICT.

      3        SHYAM VIJAYAN V V
               AGED 22 YEARS
               SON OF M VIJAYAN, RESIDING AT V V HOUSE,
               A P ROAD,
               THAIKKADAPPURAM, P O, NILESHWAR VILLAGE, HOSDURG
               TALUK, KASARGOD DISTRICT.

      4        SANOOP V
               AGED 23 YEARS
               RESIDING AT KATTUKACHERI HOUSE,
               MARAKAPPU KADAPPURAM, KANHANGAD VILLAGE AND POST,
               KASARGOD DISTRICT.

      5        VIPIN CHANDRAN M
               AGED 25 YEARS
               SON OF CHANDRAN, RESIDING AT A P NAGAR,
               THAIKKAEDAPPURAM P O, NILESHWAR VILLAGE, KASARGOD
               DISTRICT.

               BY ADVS.
               SRI.T.MADHU
               SMT.C.R.SARADAMANI
 Crmc 5451/2020                        2

RESPONDENTS:

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

       2         ANEESH M.
                 SON OF SIVADAS, AGED 26 YEARS
                 RESIDING AT METTAK HOUSE
                 KOTRACHAL, HOSDURG TALUK,
                 KASARGOD DISTRICT-671 121.

       3         AJITH K.,
                 AGED 24 YEARS
                 SON OF RAMESAN, RESIDING AT THEERTHAMKARA,
                 PADANNAKKAD, KANHANGAD VILLAGE, HOSDURG TALUK,
                 KASARGOD DISTRICT-671314.

       4         THE STATION HOUSE OFFICER
                 NILESHWAR POLICE STATION,
                 KASARGOD DISTRICT-671314.

                 R2-3 BY ADV. K.A.SAJAN

                 SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
02.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crmc 5451/2020                       3




                                   V.G.ARUN, J.

                 ===========================
                         Crl.M.C.No.5451 of 2020
                 ===========================
                   Dated this the 2nd day of February, 2021


                                  ORDER

Petitioners are the accused in Crime No.491 of 2018

registered at the Nileswar Police Station for offences punishable

under Sections 143, 147, 148, 341, 323, 324 r/w 149 of IPC,

now pending as C.C.No.1241 of 2018 of Judicial First Class

Magistrate-II, Hosdurg. The de facto complainant at whose

instance the crime was registered and the other injured person

are the 2nd and 3rd respondents. Annexure A3 affidavit has been

filed by the 2nd respondent and Annexure A4 affidavit by the 3 rd

respondent stating that the dispute has been settled and that

they have 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 and 3rd respondents, 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.1241 of 2018 of Judicial First Class Magistrate-II, Hosdurg

is quashed.

Sd/-

V.G.ARUN JUDGE lgk

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 THE TRUE COPY OF THE FIR DATED 9/11/2018 IN CRIME NO.491/2018 OF NILESHWAR POLICE STATION.

ANNEXURE-A2 THE TRUE CERTIFIED COPY OF THE FINAL REPORT DATED 28/11/2018 IN CRIME NO.491/2018 OF NILESHWAR POLICE STATION , KASARGOD DISTRICT.

ANNEXURE-A3 THE AFFIDAVIT DATED 20.11.2020 SWORN IN BY THE SECOND RESPONDENT.

ANNEXURE-A4 THE AFFIDAVIT DATED 20.11.2020 SWORN IN BY THE THIRD RESPONDENT.