Praveen Babu vs State Of Kerala
2021 Latest Caselaw 4873 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                   THE HONOURABLE MR.JUSTICE V.G.ARUN

    WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942

                        Crl.MC.No.26 OF 2021(C)

AGAINST THE JUDGMENT IN SC 54/2019 OF ADDITIONAL DISTRICT COURT &
                  SESSIONS COURT - IV, PALAKKAD

       CRIME NO.18/2018 OF Kongad Police Station , Palakkad


PETITIONERS:

      1         PRAVEEN BABU
                AGED 32 YEARS
                S/O. VISWANATHAN, PATTATHODY HOUSE, MANIKKASSERY
                P.O., KONGAD, PALAKKAD DISTRICT.

      2         VIPIN
                AGED 30 YEARS
                S/O. VISWANATHAN, PATTATHODY HOUSE, MANIKKASSERY
                P.O., KONGAD, PALAKKAD DISTRICT.

      3         JINU @ VINU
                AGED 25 YEARS
                S/O. LAKSHMANAN, THEKKEKARA HOUSE, KOLPADAM,
                MANIKKASSERY P.O., KONGAD, PALAKKAD DISTRICT.

                BY ADV. SRI.NIREESH MATHEW

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
                KERALA, ERNAKULAM, PIN-682 031.

      2         RAMESH M.R.
                AGED 31 YEARS
                S/O. RADHAKRISHNAN, MALAMPADAM HOUSE, MANIKKASSERY
                P.O., KONGAD, PALAKKAD DISTRICT, PIN-678 631.

                R2 BY ADV. SEBIN SEBASTIAN

                PP-SRI.T.R.RENJITH

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crmc 26/2021                          2

                                   V.G.ARUN, J.

                 ===========================
                           Crl.M.C.No.26 of 2021
                 ===========================
                   Dated this the 10th day of February, 2021


                                  ORDER

Petitioners are the accused in Crime No.18 of 2018

registered at the Kongad Police Station for offences punishable

under Sections 341, 323, 324, 506(ii), 308 r/w 34 of IPC, now

pending as S.C.No.54 of 2019 on the file of Additional District

and Sessions Court-IV, Palakkad. The de facto complainant at

whose instance the crime was registered is the 2 nd respondent.

Annexure B affidavit has been filed by the 2nd respondent stating

that the dispute has been settled and that he has 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 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

S.C.No.54 of 2019 on the file of Additional District and Sessions

Court-IV, Palakkad is quashed.

Sd/-

V.G.ARUN JUDGE

lgk

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A PHOTOCOPY OF THE FINAL REPORT IN CRIME NO.18/2018 OF KONGAD POLICE STATION, PALAKKAD DISTRICT.

ANNEXURE B THE ORIGINAL OF THE AFFIDAVIT SWORN TO BY THE RESPONDENT NO.2 BEFORE HER ADVOCATE AT PALAKKAD, DATED 17.2.2020.