Mani vs Sivasankaran
2021 Latest Caselaw 3977 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

    WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                      Crl.MC.No.5279 OF 2020(H)

 AGAINST THE JUDGMENT IN SC 504/2018 OF ASSISTANT SESSIONS COURT,
                            CHAVAKKAD

     CRIME NO.160/2018 OF Valappad Police Station , Thrissur


PETITIONER/ACCUSED:

             MANI, AGED 43 YEARS
             S/O. SUKUMARAN, CHETTIYAKKARA HOUSE, NATTIKA BEACH
             P.O., NATTIKA VILLAGE, CHAVAKKAD TALUK, THRISSUR
             DISTRICT

             BY ADV. SRI.LINDONS C.DAVIS

RESPONDENT/STATE AND VICTIM:

      1      SIVASANKARAN, AGED 52 YEARS
             S/O.SANKARAN, VALAVATH HOUSE,
             MOOTHAKUNNAM DESOM, NATTIKA BEACH P.O.,
             NATTIKA VILLAGE, CHAVAKKAD TALUK,
             THRISSUR -680 568

      2      STATE OF KERALA,
             REPRESENTED BY PUBIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM-682 031

             R1 BY ADV. E.U.DHANYA
             R1 BY ADV. SMT.SEEMA P.P.

OTHER PRESENT:

             SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.5279 OF 2020(H)           ..2..




                                ORDER

Dated this the 3rd day of February 2021

Petitioner is the accused in Crime No.160/2018

registered at the Valappad Police Station for offences

punishable under Sections 341, 294(b), 324 and 308

of IPC, now pending as S.C.No.504/2018 on the files

of the Assistant Sessions Court, Chavakkad. The de

facto complainant, at whose instance the crime was

registered, is arrayed as the 1st respondent.

Annexure-A3 affidavit has been filed by 1st

respondent 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 Crl.MC.No.5279 OF 2020(H) ..3..

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 1st 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.

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.MC.No.5279 OF 2020(H) ..4..

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

proceedings in S.C.No.504/2018 on the files of the

Assistant Sessions Court, Chavakkad is quashed.

Sd/-

                                     V.G.ARUN
     SB/03/02/2021                     JUDGE
 Crl.MC.No.5279 OF 2020(H)        ..5..




                            APPENDIX
     PETITIONER'S/S EXHIBITS:

     ANNEXURE-A1       A COPY OF THE FIR NO.160/2018 OF

VALAPPAD POLICE STATION, THRISSUR DISTRICT

ANNEXURE-A2 A COPY OF THE FINAL REPORT IN FIR NO.160/2018 LEADING TO SC NO.504/2018 OF ASSISTANT SESSION'S COURT, CHAVAKKAD, THRISSUR DISTRICT

ANNEXURE-0A3 A COPY OF THE AFFIDAVIT DATED 29.08.2020 OF THE 1ST RESPONDENT //true copy// P.A to Judge