Kerala High Court
Vipin vs State Of Kerala on 15 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.411 OF 2021(B)
AGAINST THE JUDGMENT IN SC 534/2015 OF SUB COURT, CHAVAKKAD
AGAINST THE JUDGMENT IN L.P. 32/2019 on the file of Assistant
Sessions Court,Chavakkad
CRIME NO.20/2015 OF Guruvayoor Police Station, Thrissur
PETITIONER:
VIPIN
AGED 32 YEARS
S/O. ARAVINDAN, VADASSERY HOUSE, ELAVALLI VILLAGE,
KADAVALLUR DESAM, CHAVAKKAD TALUK, THRISSUR DISTRICT
BY ADV. SRI.RAJIT
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM.
SR.PP.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crmc 411/2021 2
V.G.ARUN, J.
===========================
Crl.M.C.No.411 of 2021
===========================
Dated this the 15th day of February, 2021
ORDER
Petitioner is the accused in Crime No.20 of 2015
registered at the Guruvayur Police Station for offences punishable
under Sections 286, 143, 147, 148, 447, 341, 323, 324 & 307
r/w 149 of IPC, now pending as L.P.No.32 of 2019 on the file of
Assistant Sessions Court, Chavakkad. The de facto complainant
at whose instance the crime was registered is the 2 nd
respondent.
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. Even though the
offence under Section 307 IPC is alleged, taking into account the
fact that other accused have been acquitted based on a
settlement arrived at between the parties, as evidenced by
Annexure C, I am inclined to grant the relief. 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
L.P.No.32 of 2019 on the file of Assistant Sessions Court,
Chavakkad is quashed.
Sd/-
V.G.ARUN
JUDGE
lgk
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A TRUE COPY THE FINAL REPORT IN CRIME NO.
20/2015 FILED BY THE GURUVAYUR POLICE
BEFORE THE LEARNED JUDICIAL FIRST CLASS
MAGISTRATE COURT, CHAVAKKAD
ANNEXURE B A TRUE COPY OF THE DEPOSITION OF PW3 IN S.C
NO. 534/2015 BEFORE THE LEARNED ASSISTANT
SESSIONS COURT, CHAVAKKAD
ANNEXURE C TRUE COPY OF THE JUDGMENT DT 16-10-2018 OF
THE ASSISTANT SESSIONS JUDGE CHAVAKKAD IN
S.C NO. 534/2015
