Savad vs State Of Kerala
2021 Latest Caselaw 5420 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

     MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942

                       Crl.MC.No.619 OF 2021(F)

 AGAINST THE ORDER/JUDGMENT IN CC 390/2018 OF JUDICIAL MAGISTRATE
                 OF FIRST CLASS -II,THAMARASSERY

      CRIME NO.109/2018 OF MUKKOM POLICE STATION, KOZHIKODE


PETITIONERS:

      1        SAVAD
               AGED 34 YEARS
               S/O.BICHU MUHAMMED,
               THONICHALIL HOUSE,
               KUMARANELLUR.P.O,
               KOZHIKKODE DISTRICT-673602.

      2        ABDUL RASHEED,
               AGED 49 YEARS
               S/O.MOOSA,
               CHEPPALI HOUSE,
               ULUPARACKAL,
               KODIYATHUR.P.O,
               KOZHIKKODE DISTRICT-673602.

      3        HANEEFA.C.K,
               AGED 39 YEARS
               S/O.MAMMAD,
               CHENATTUKUZHIYIL HOUSE,
               KUMARANELLUR.P.O, MUKKOM,
               KOZHIKODE DISTRICT-673602.

               BY ADVS.
               SRI.MATHEW KURIAKOSE
               SRI.J.KRISHNAKUMAR (ADOOR)

RESPONDENTS:

      1        STATE OF KERALA
               (CRIME NO.109.2018 OF MUKKOM POLICE
               STATION,KOZHIKKODE DISTRICT),
               REPRESENTED BY THE PUBLIC PROSECUTOR,
               HIGH COURT OF KERALA,ERNAKULAM-682031.

      2        SALEENA
               W/O.ABDUL SALIM,
 Crl.MC.No.619 OF 2021(F)

                               2



             LAILA MANZIL,
             KARASSERY.P.O,
             KOZHIKODE DISTRICT,PIN-673602.

      3      ABDUL SALIM
             S/O.KOYAKKUTTY,
             LAILA MANZIL,
             KARASSERY.P.O,
             KOZHIKODE DISTRICT,PIN-673602.

             R2-3 BY ADV. MONI GEORGE

OTHER PRESENT:

             SRI.C.N.PRABHAKARAN, SR.PP

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.619 OF 2021(F)

                                      3




                         ORDER

Dated this the 15th day of February, 2021

Petitioners are the accused in C.C No. 390 of 2018 on

the file of Judicial First Class Magistrate Court-II

Thamarassery.

2. The above case is charge sheeted against the

petitioners alleging offences punishable under Sections 342,

323, 427, 452 read with Section 34 of the Indian Penal

Code.

3. When this case came up for consideration, the

learned counsel for the petitioners submitted that, the

entire disputes between the petitioners and the 2 nd and 3rd

respondents are settled out of Court.

4. The learned counsel appearing for the 2nd and 3rd

respondents submitted that, the matter is settled.

Annexures B and C are the affidavits of the 2nd and 3rd

respondents.

Crl.MC.No.619 OF 2021(F)

5. The learned Public Prosecutor after getting

instructions from the Investigating Officer, submitted that,

the matter is settled and the settlement report is genuine.

6. In the light of the settlement of the entire issues,

I think the continuation of the prosecution will be an abuse

of process of Court.

7. Having considered the gravity of the offences

alleged, nature of the injury caused and having perused

the affidavits filed by the respondent Nos. 2 & 3 the

contents of which are submitted to be true and voluntary, I

am satisfied that the matter has been amicably settled and

that no public interest is involved in this matter. Moreover,

in view of the settlement arrived at between the parties,

there is no possibility of the criminal proceedings ending in

conviction. 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 Crl.MC.No.619 OF 2021(F)

Punjab and another [(2012) 10 SCC 303], there is no

impediment in granting the relief.

Therefore, this Crl.M.C. is allowed. All further

proceedings in C.C No. 390 of 2018 on the file of Judicial

First Class Magistrate Court-II Thamarassery are

quashed.

(Sd/-)

P.V.KUNHIKRISHNAN JUDGE LU Crl.MC.No.619 OF 2021(F)

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A CERTIFIED COPY OF THE CHARGE SHEET CUM FINAL REPORT IN CRIME NO.109/2018 OF MUKKOM POLICE STATION IN KOZHIKKODE DISTRICT.

ANNEXURE B AFFIDAVIT DATED 23.01.2021 SWORN TO BY THE 2ND RESPONDENT.

ANNEXURE C AFFIDAVIT DATED 23.01.2021 SWORN TO BY THE 3RD RESPONDENT.

             //   True Copy   //       PA To Judge