Shuhaib vs State Of Kerala
2021 Latest Caselaw 4174 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                   THE HONOURABLE MR.JUSTICE V.G.ARUN

    THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

                       Crl.MC.No.5413 OF 2020(F)

  AGAINST THE     JUDGMENT IN CC 172/2020 OF JUDICIAL MAGISTRATE OF
                       FIRST CLASS -II,NEDUMANGAD

CRIME NO.58/2020 OF Nedumangad Police Station , Thiruvananthapuram


PETITIONER/ ACCUSED NOS. 1 TO 5:

      1         SHUHAIB
                AGED 22 YEARS
                S/O.NASEEB, SHUHAIB LAND, NEAR VALAKAD JUNCTION,
                ILAMBA, MUDAKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT.

      2         ARAVIND,
                AGED 21 YEARS
                S/O.MURALEEDHARAN, MURALEE SADANAM, THRIPPARANTHURA,
                MAVELIKARA, CHENNITHALA VILLAGE, ALAPPUZHA DISTRICT.

      3         AKHIL.K.JACOB,
                AGED 21 YEARS
                S/O.MURALEEDHARAN, MURALEE SADANAM, THRIPPARANTHURA,
                MAVELIKARA, CHENNITHALA VILLAGE, ALAPPUZHA DISTRICT.

      4         ROHAN RAGHUNATHAN,
                AGED 22 YEARS
                S/O.RAGHUNATHAN, KOTHARAMBAT HOUSE, NEAR KOTHARAMBATH
                JUNCTION, UDUMA VILLAGE, KASARAGODE DISTRICT.

      5         SHABAREENATH,
                AGED 22 YEARS
                S/O.SURENDRAN, NEDIYEVILA VEEDU, PERUMKULAM, MANANAK,
                KEEZHATTINGAL VILLAGE, THRISSUR DISTRICT.

                BY ADV. SRI.M.ABDUL RASHEED

RESPONDENT/S:

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

      2         SUB INSPECTOR OF POLICE,
                NEDUMANGAD POLICE STATION, NEDUMANGAD P.O.,
                THIRUVANANTHAPURAM-695541, REPRESENTED BY THE PUBLIC
 Crl.MC.No.5413 OF 2020(F)         ..2..



             PROSECUTOR, HIGH COURT OF KERALA, HIGH COURT P.O.,
             ERNAKULAM.

      3      ANOOP,
             AGED 22 YEARS
             S/O.SREEJITH.N, S.S.BHAVAN, THEVALAKKADU,
             KUTHIRAKULAM P.O., MANIKAL VILLAGE, VEMBAYAM P.O.,
             THIRUVANANTHAPURAM DISTRICT-695615.

      ADDL. ABI KRISHNA, AGED 21 YEARS
      R4*   S/O BINU, NOW RESIDING AT SREE VILAS LANE,
            KOWDIAR, THIRUVANANTHAPURAM- 695 003
            THIRUVANANTHAPURAM DISTRICT FROM MANIKANDA VILASOM
            AMBALAMUKUNNU, NETTAYAM PO, KOLLAM- 691 537
            (*ADDL.R4 IS IMPLEADED AS PER ORDER IN CRL.M.
            APPLN.NO.1/2021 DATED 04.02.2021)
            R3-4 BY ADV. K.NIRMALAN

OTHER PRESENT:

             SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.5413 OF 2020(F)             ..3..




                                 ORDER

Dated this the 4th day of February 2021

Petitioners are the accused in Crime No.58/2020

registered at the Nedumangad Police Station for

offences punishable under Sections 341, 294(b), 323,

and 506(i) r/w 34 of IPC, now pending as

C.CNo.172/2020 on the files of the Judicial First Class

Magistrate Court-II, Nedumangad. The de facto

complainant and the other person injured in the

incident are arrayed as respondents 3 and 4.

Annexures-A2 and A3 affidavits have been filed by the

said respondents stating that the reason for the

incident, which led to registration of the crime has

been resolved amicably and they have no subsisting

grievance in the matter.

2. Heard the learned Public Prosecutor also, who,

on instructions, submits that the petitioners have no Crl.MC.No.5413 OF 2020(F) ..4..

criminal antecedents.

3. Having considered the gravity of the offences

alleged, nature of the injury caused and having

perused the affidavit filed by respondents 3 and 4, 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. The fact

that the petitioners and respondents 3 and 4 were

students is also taken into consideration. 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 Crl.MC.No.5413 OF 2020(F) ..5..

impediment in granting the relief sought.

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

proceedings in C.CNo.172/2020 on the files of the

Judicial First Class Magistrate Court-II, Nedumangad

is quashed.

Sd/-

                                       V.G.ARUN
    SB/04/02/2021                        JUDGE
 Crl.MC.No.5413 OF 2020(F)            ..6..




                            APPENDIX
    PETITIONER'S/S EXHIBITS:

     ANNEXURE A1       CERTIFIED COPY OF THE CHARGE SHEET
                       AGAINST THE PETITIONERS IN
                       C.C.NO.172/2020 ON THE FILE OF

JUDICIAL FIRST CLASS MAGISTRATE COURT-II, NEDUMANGAD.

ANNEXURE A2 ORIGINAL AFFIDAVIT SWORN BY 3RD RESPONDENT CW1 DATED 27.10.2020.

     ANNEXURE A3       ORIGINAL AFFIDAVIT SWORN BY CW2 DATED
                       19.01.2021

                     //true copy//    P.A to Judge