Kerala High Court
Jineesh.T.V vs State Of Kerala on 10 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942
Crl.MC.No.5497 OF 2020(F)
AGAINST THE JUDGMENT IN CC 1070/2019 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -I,HOSDRUG
CRIME NO.185/2019 OF Cheemeni Police Station , Kasargod
PETITIONER:
JINEESH.T.V
AGED 35 YEARS
S/O.V.GANGADHARAN, VALAMPOYIL HOUSE, NEAR KAYYUR
VILLAGE OFFICE, KAYYUR VILLAGE, KASARAGOD DISTRICT.
BY ADV. SRI.VIPIN T JOSE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031.
2 VINOD KUMAR.P.V.
AGED 41 YEARS
S/O.KUNHIRAMAN, PUTHIYA VALAPPIL HOUSE, NEAR KAYYUR
HIGH SCHOOL, KAYYUR VILLAGE, HOSDURG TALUK-671 315.
R2 BY ADV. A.ARUNKUMAR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.02.2021,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crmc 5497/2020 2
V.G.ARUN, J.
===========================
Crl.M.C.No.5497 of 2020
===========================
Dated this the 15th day of February, 2021
ORDER
Petitioner is the accused in Crime No.185 of 2019
registered at the Cheemeni Police Station for offences punishable
under Sections 341, 323 and 324 of IPC, now pending as
C.C.No.1070 of 2019 on the file of Judicial First Class Magistrate
Court-I, Hosdurg. The de facto complainant at whose instance
the crime was registered is the 2nd respondent. Annexure AIII
affidavit has been filed by the 2 nd respondent stating that the
dispute has been settled and that he has no subsisting grievance
against the petitioner.
2. Heard the learned Public Prosecutor also, who, on
instructions, submits that the petitioner has 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.1258 of 2019 on the file of Judicial First Class Magistrate
Court-I, Hosdurg is quashed.
Sd/-
V.G.ARUN
JUDGE
lgk
APPENDIX OF Crl.MC 5497/2020
PETITIONER'S/S EXHIBITS:
ANNEXURE AI A TRUE COPY OF THE FIR IN CRIME NO.185 OF
2019 OF CHEEMENI POLICE STATION.
ANNEXURE AII A TRUE COPY OF THE FINAL REPORT IN CRIME
NO.185 OF 2019 OF CHEEMENI POLICE STATION.
ANNEXURE A111 A TRUE COPY OF THE AFFIDAVIT SWORN TO BY
THE 2ND RESPONDENT.
