Kerala High Court
Niciy Mol vs The State Of Kerala on 11 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942
Crl.MC.No.798 OF 2020(H)
AGAINST THE JUDGMENT IN SC 727/2015 OF ASSISTANT SESSIONS COURT,
IRINJALAKUDA
CRIME NO.661/2015 OF Chalakudy Police Station , Thrissur
PETITIONER/ACCUSED NOS. 1 TO 3:
1 NICIY MOL
AGED 23 YEARS
D/O JOY, THALIYAM (H), MOTHIRAKUNNI DESHOM, PARIYARAM
VILLAGE, PIN-680 307.
2 JOY
AGED 53 YEARS
S/O KOCHUTOMMAN, THALIYAM (H), MOTHIRAKUNNI DESHOM,
PARIYARAM VILLAGE, PIN-680 307.
3 ANNIE
AGED 46 YEARS
W/O JOY, THALIYAM (H), MOTHIRAKUNNI DESHOM, PARIYARAM
VILLAGE, PIN-680 307.
BY ADVS.
SRI.K.B.PRADEEP
SHRI.HARISANKAR R
SHRI.SREERAJ M.D.
RESPONDENT/STATE AND DE FACTO COMPLAINANT:
1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN-682 031.
2 THE SUB INSPECTOR OF POLICE,
CHALAKUDY POLICE STATION, THRISSUR, PIN-680 307.
3 JOSE,
AGED 54 YEARS
S/O THOMAN, NJERLELI (H), MOTHIRAKUNNI DESHOM,
PARIYARAM VILLAGE, PIN-680 307.
4 SYRIL,
AGED 34 YEARS
Crl.MC.No.798 OF 2020(H) ..2..
S/O THOMAS, KANNAI (H), MOTHIRAKUNNI DESHOM,
PARIYARAM VILLAGE, PIN-680 307.
5 SAFEENA,
AGED 33 YEARS
W/O JOY, VADAKKEPEEDIKA (H), ALOOR DESHOM, ALOOR
VILLAGE, PIN-686 602.
R5 BY ADV. SMT.PRIYA MARY P.L.
OTHER PRESENT:
PP AJITH MURALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.798 OF 2020(H) ..3..
ORDER
Dated this the 11th day of February 2021
Petitioners are the accused in Crime
No.661/2015 registered at the Chalakudy Police
Station for offences punishable under Sections 324
and 308 r/w 34 of IPC, now pending as
S.C.No.727/2015 on the files of the Assistant Sessions
Court, Irinjalakuda. The de facto complainant and the
other persons injured are arrayed as respondents 3 to
5. Out of the five injured, two are no more and the
other three have filed affidavits. Annexures-2 to 4
affidavits have been filed by the said respondents
stating that the dispute, which was the reason for the
incident and registration of the crime, has been
resolved amicably and they have no subsisting
grievance against the petitioners.
Crl.MC.No.798 OF 2020(H) ..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 affidavits filed by respondents 3 to 5, 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
Crl.MC.No.798 OF 2020(H) ..5..
no impediment in granting the relief sought.
In the result, this Crl.M.C is allowed. The
proceedings in S.C.No.727/2015 on the files of the
Assistant Sessions Court, Irinjalakuda is quashed.
Sd/-
V.G.ARUN
SB/11/02/2021 JUDGE
Crl.MC.No.798 OF 2020(H) ..6..
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE 1 CERTIFIED COPY OF FINAL IN SC
727/2015, SUB COURT IRINJALAKUDA, AND
IN THE CRIME NO 661/2015 OF CHALAKUDI
POLICE STATION
ANNEXURE 2 AFFIDAVIT SWORN BY 3RD RESPONDENT,
PW2 IN THE FINAL REPORT
ANNEXURE 1 AFFIDAVIT SWORN BY 4TH RESPONDENT,
PW4 IN THE FINAL REPORT
ANNEXURE 1 AFFIDAVIT SWORN BY 5TH RESPONDENT,
CW5 IN THE FINAL REPORT
//true copy// P.A to Judge
