Abdul Muthalib T vs State Of Kerala
2021 Latest Caselaw 4184 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.5495 OF 2020(F)

  AGAINST THE JUDGMENT IN CC 275/2017 OF JUDICIAL MAGISTRATE OF
                   FIRST CLASS , MANANTHAVADY

    CRIME NO.849/2016 OF Mananthavady Police Station , Wayanad


PETITIONER/ACCUSED:

      1         ABDUL MUTHALIB T.
                AGED 23 YEARS
                S/O.SIDDIQUE, THOKKAN VEEDU, NALLUR NADU, DWARAKA,
                WAYANAD DT. - 670 645.

      2         ABDUL JALEEL C.A.
                AGED 23 YEARS
                S/O.AALI, CHAKKARA HOUSE, DWARAKAW, MANANTHAVADY,
                WAYANAD DT. - 670 645.

      3         MUHAMMED SINAN A.K.
                AGED 23 YEARS
                S/O.ASHRAF A.K., AYANIKKARA HOUSE, NALLURNADU,
                MANANTHAVADY, WAYANAD DT. - 670 645.

      4         NOUFAL A.
                AGED 23 YEARS
                S/O.ABDHULLA, AYATH HOUSE, DWARAKA MANANTHAVADY,
                WAYANAD DT. - 670 645.

      5         AKBAR M.
                AGED 23 YEARS
                S/O.SAREENA, MULIYAN VEEDU, DWARAKA, NALLURNADU,
                WAYANAD DT. - 670 645.


      6         MUHAMMED FASIL, AGED 23 YEARS
                S/O.ABDUL NAZAR, THOPPIL HOUSE
                DWARAKA, NALLURNADU, WAYANAD DT. - 670 645.

                BY ADV. SRI.M.MUHAMMED SHAFI

RESPONDENT/S:

      1         STATE OF KERALA
                REP. BY THE PUBLIC PROSECUTOR,
 Crl.MC.No.5495 OF 2020(F)     ..2..



             HIGH COURT OF KERALA, ERNAKULAM - 682 031.

      2      ABHIJITH NARAYANAN
             AGED 21 YEARS
             S/O.NARAYANAN KUTTY, PUTHIYOTH HOUSE, NARIKUNY
             P.O., KOZHIKODE - 673 585.

      3      ABHIRAM
             AGED 21 YEARS
             S/O.VELYUDHAN, ARAYANGOTTUPARAMBATHU HOUSE,
             PERUVAYAL P.O., KOZHIKOE DT. - 673 008.

      4      SYAMDEV
             AGED 21 YEARS
             S/O.SAHADEVAN, MELEPUTHIYOTH HOUSE, NARIKKUNY P.O.,
             KOZHIKODE DT. - 673 585.

             R2-4 BY ADV. T.RASINI

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.5495 OF 2020(F)            ..3..




                                    ORDER

Dated this the 4th day of February 2021

Petitioners are the accused in Crime

No.849/2016 registered at the Mananthavady Police

Station for offences punishable under Sections 143,

147, 148, 323, 324 and 506 r/w 34 of IPC, now

pending as C.CNo.275/2017 on the files of the

Judicial First Class Magistrate Court,

Mananthavady. The de facto complainant and the

other person injured in the incident are arrayed as

respondents 2 to 4. Annexures-A2 to A4 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.

Crl.MC.No.5495 OF 2020(F) ..4..

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 respondents 2

to 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. Even though, Section 326 is alleged and a

tooth of the de facto complainant was broken, the

fact that the incident happened during a scuffle

between students, is 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 Crl.MC.No.5495 OF 2020(F) ..5..

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.

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

proceedings in C.CNo.275/2017 on the files of the

Judicial First Class Magistrate Court,

Mananthavady is quashed.

Sd/-

                                         V.G.ARUN
      SB/04/02/2021                        JUDGE
 Crl.MC.No.5495 OF 2020(F)        ..6..




                            APPENDIX
      PETITIONER'S/S EXHIBITS:

      ANNEXURE A1       TRUE COPY OF THE FINAL REPORT IN

CRIME NO.849/16 OF MANANTHAVADY POLICE STATION.

ANNEXURE A2 AFFIDAVIT SWORN BY THE 2ND RESPONDENT DT. 03/02/20.

ANNEXURE A3 AFFIDAVIT SWORN BY THE 3RD RESPONDENT DT.03/02/20.

ANNEXURE A4 AFFIDAVIT SWORN BY THE 4TH RESPONDENT DT. 03/02/20.

//true copy// P.A to Judge