Bibin Mathew vs State Of Kerala
2021 Latest Caselaw 5448 Ker

               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.5915 OF 2020(H)

  AGAINST THE JUDGMENT IN CC 3604/2017 OF JUDICIAL MAGISTRATE OF
                     FIRST CLASS -I,THRISSUR


PETITIONERS:

      1        BIBIN MATHEW
               AGED 24 YEARS
               S/O.MATHEW MICHAEL, PUTHUPARAMBIL HOUSE, BALAL POST,
               KUZHINGAD, KERALA, KASARAGOD - 671 533.

      2        TANISH THETTAYIL
               AGED 24 YEARS
               S/O.LONAPPAN TR, THETTAYIL, 317-B GANESH NAGAR,
               PAYDHA UNIVERSITY ROAD, UDAIPUR (RAJASTHAN), PIN 313
               001.

      3        ABIN MATHEW A.D.
               AGED 24 YEARS
               S/O.DEVASIA A.M., ANATHANATH HOUSE, SULTHAN BATHERY -
               673 592.

      4        AJITH ALAN P.JOSE
               AGED 25 YEARS
               S/O.JOSE CHERIYAN, PUTHUPPARAMBIL HOUSE, MARAKKADAVU
               POST, PULPPALLY, PIN - 673 579.

      5        JOYAL K.JAMES
               AGED 24 YEARS
               S/O.JAMES, KUTTIYANICKAL HOUSE, VELIMANAM P.O., PIN -
               670 704.

      6        RAHUL THEKKAN
               AGED 23 YEARS
               S/O.RAJEEVN T., VANKULATH VAYAL, P.O. AZHIKODE,
               KANNUR - 670 009.

      7        ANANTHU KRISHNAN K.
               AGED 24 YEARS
               S/O.PADMANABHAN P., PARAMBATH HOUSE, KALIKKADAV,
               ERAVIL PILICODE (PO), KASARGOD, KERALA - 671 310.

      8        SHYAM PRAKASH
               AGED 24 YEARS
 Crmc 5915/2020                        2

                 S/O.PRAKASH KUMAR T., SOORYA, OTTATHENGU, ALAVIL
                 P.O., KANNUR, PIN - 670 008.

       9         PRANAV A.
                 ALAKKADAN (H), KODAKKAD WEST, P.O.KODAKKAD, PIN -
                 671 310.

       10        SREEHARI KUNHIKRISHNAN P.
                 S/O.KUNHIKRISHNAN P., SOUPARNIKA, PUTHIYATHERU,
                 VELLUR P.O., PAYYANNUR, KANNUR, PIN - 670 307.

       11        ATHUL SAJI
                 S/O.SAJI KURIAN, KOCHUPURACKAL HOUSE, KOOTTUPUZHA,
                 PIN - 670706.

                 BY ADV. SRI.A.C.VENUGOPAL

RESPONDENTS:

       1         STATE OF KERALA
                 REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF
                 KERALA, ERNAKULAM, PIN - 682 031.

       2         BAIJU JOSEPH
                 AGED 47 YEARS, S/O.P.P.JOSEPH, PARAKKAL HOUSE,
                 PATTIKADU P.O., THRISSUR DISTRICT.

                 R2 BY ADV. A.MUHAMMED HASHIM



                 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 5915/2020                        3

                                   V.G.ARUN, J.

                 ===========================
                          Crl.M.C.No.5915 of 2021
                 ===========================
                   Dated this the 15th day of February, 2021


                                  ORDER

Petitioners are the accused in C.C.No.3604 of 2017 on

the file of Judicial First Class Magistrate Court-I, Thrissur for

offences punishable under Sections 141, 143, 148, 341, 323,

324, 506(ii) r/w 149 of IPC. The de facto complainant at whose

instance the crime was registered is the 2 nd respondent.

Annexure A2 affidavit has been filed by the 2nd respondent

stating that the dispute has been settled and that he has no

subsisting grievance against the petitioners.

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. 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

C.C.No.3604 of 2017 on the file of Judicial First Class Magistrate

Court-I, Thrissur is quashed.

Sd/-

V.G.ARUN JUDGE

lgk

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 THE CERTIFIED COPY OF THE COMPLAINANT FILED BY THE DEFACTO COMPLAINANT/2ND RESPONDENT FILED BEFORE THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE-I OF THRISSUR DISTRICT.

ANNEXURE A2 AFFIDAVIT OF THE 2ND RESPONDENT.