Kerala High Court
Ajeesh vs State Of Kerala on 15 February, 2021
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.595 OF 2021(D)
AGAINST THE ORDER/JUDGMENT IN CC 2259/2016 OF JUDICIAL MAGISTRATE OF
FIRST CLASS, ATTINGAL (TEMPORARY)
CRIME NO.739/2016 OF Kilimanoor Police Station , Thiruvananthapuram
PETITIONER/S:
1 AJEESH
AGED 32 YEARS
S/O.SASI, ANEESH BHAVAN, KAMUKIN KUZHI, THALIKUZHI,
PULIMATH VILLAGE, THIRUVANANTHAPURAM DISTRICT-695612.
2 [email protected],
AGED 28 YEARS
S/O.PUSHPARAJAN, VILASINI NIVAS, NEAR VAZHVELIKONAM
TEMPLE, GANDHINAGAR, KOTTUKUNNAM, NELLANAD VILLAGE,
THIRUVANANTHAPURAM DISTRICT-695606.
BY ADV. SRI.P.ANOOP (MULAVANA)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA-
682031.
2 ATHIRARAJ
AGED 23 YEARS
D/O.SUDHARMMA, ARYA BHAVAN, NETTIYAM, PULIMATH VILLAGE,
CHIRAYINKEEZHU VILLAGE, THIRUVANANTHAPURAM DISTRICT-
695612.
3 BHADRAN
AGED 51 YEARS
S/O.SATHYAN, THADATHARIKATH VEEDU, KANNAMBARA,
VANDIKIDAKKUM PYIKA, PANGODE VILLAGE, NEDUMANGAD TALUK,
THIRUVANANTHAPURAM DISTRICT-695609.
R2-3 BY ADV. SRI.A.CHANDRA BABU
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.595 OF 2021(D) 2
P.V.KUNHIKRISHNAN, J.
--------------------------------------
Crl.M.C. No. 595 of 2021
--------------------------------
Dated this the 15th day of February, 2021
ORDER
Petitioners are the accused in CC No. 2259/2016 on the file
of the Judicial First Class Magistrate Court (Temporary)- Attingal.
The above case is charge sheeted against the petitioners alleging
offences punishable under Secs.341, 323, 354 r/w 34 of the IPC.
2. When this case came up for consideration, the counsel
for the petitioners submitted that the entire disputes between the
petitioners and respondent Nos. 2 and 3 are settled out of court.
Annexures-A2 and A3 are the affidavits filed by respondent Nos.
2 and 3. A counsel also appeared for the 2 nd and 3rd respondents.
The counsel also submitted that the matter is settled. The Public
Prosecutor also submitted that the settlement reported is
genuine. In the light of the above facts, there is no purpose in
continuing this criminal prosecution against the petitioners.
3. Having considered the gravity of the offences alleged,
nature of the injury caused and having perused the affidavits
filed by the respondent Nos. 2 and 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 Punjab and
another [(2012) 10 SCC 303], there is no impediment in
granting the relief.
Hence, this Crl.M.C. is allowed. All further proceedings
against the petitioners in CC No. 2259/2016 on the file of the
Judicial First Class Magistrate Court (Temporary)-Attingal are
quashed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE FINAL REPORT IN CC
2259/2016 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT(TEMPORARY), ATTINGAL.
ANNEXURE A2 TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND
RESPONDENT.
ANNEXURE A3 TRUE COPY OF THE AFFIDAVIT FILED BY THE 3RD
RESPONDENT.
