Kerala High Court
Shiji vs Usha 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.496 OF 2021(B)
AGAINST THE ORDER/JUDGMENT IN CC 3670/2020 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -I,ATTINGAL
CRIME NO.344/2020 OF NAGAROOR POLICE STATION,
THIRUVANANTHAPURAM
PETITIONERS:
1 SHIJI
AGED 29 YEARS
D/O.LASEENA,
THIRUVONAM HOUSE,
NAGARUR VILLAGE,
NAGARUR,
THIRUVANANTHAPURAM.
2 LASEENA,
AGED 50 YEARS
D/O.VASANTHI,
THIRUVONAM HOUSE,
NAGARUR VILLAGE,
NAGARUR,
THIRUVANANTHAPURAM.
BY ADV. SRI.VIPIN NARAYAN
RESPONDENTS:
1 USHA
AGED 62 YEARS
DO.VASANTHI,
NEYTHUSHALA CHILKOTT HOUSE,
NAGARUR VILLAGE,
NAGARUR P.O-695601,
THIRUVANANTHAPURAM DISTRICT.
2 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM-682031.
Crl.MC.No.496 OF 2021(B)
2
R1 BY ADV. VISHNU BABU
OTHER PRESENT:
SRI.AJITH MURALI, 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.496 OF 2021(B)
3
ORDER
Dated this the 15th day of February, 2021
Petitioners are the accused in C.C. No. 3670/2020 on
the file of Judicial First Class Magistrate Court-I, Attingal.
2. The above case is charge sheeted against the
petitioners alleging offences punishable under Sections
341, 294(b), 323, 324 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 1 st
respondent are settled out of Court.
4. The learned counsel appearing for the 1 st
respondent submitted that, the matter is settled.
Annexure-B is the affidavit of the 1st respondent.
5. The learned Public Prosecutor after getting
instructions from the Investigating Officer, submitted that,
Crl.MC.No.496 OF 2021(B)
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 No. 1 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.
Crl.MC.No.496 OF 2021(B)
Therefore, this Crl.M.C. is allowed. All further
proceedings in C.C. No. 3670/2020 on the file of Judicial
First Class Magistrate Court-I, Attingal are quashed.
(Sd/-)
P.V.KUNHIKRISHNAN
JUDGE
LU
Crl.MC.No.496 OF 2021(B)
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.344/2020 OF NAGARUR POLICE
STATION WHICH IS NOW PENDING AS
C.C.NO.3670/2020 OF THE JUDICIAL FIRST
CLASS MAGISTRATE COURT-I, ATTINGAL.
ANNEXURE B AFFIDAVIT SWORN TO BY THE 1ST RESPONDENT
SIGNIFYING THE FACTUM OF SETTLEMENT OF
THE DISPUTES WITH THE PETITIONERS.
// True Copy // PA To Judge
