Kerala High Court
Chandramathy N.K 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.737 OF 2021(B)
AGAINST THE JUDGMENT IN CC 527/2019 OF JUDL. FIRST CLASS
MAGISTRATE COURT,NORTH PARAVUR (TEMPORARY)
CRIME NO.15686/2010 OF North Parur Police Station , Ernakulam
PETITIONERS:
1 CHANDRAMATHY N.K
AGED 75 YEARS
W/O. MOHANAN N.R, MOORKKANATT HOUSE, PERUMBOTH ROAD,
KEDAMANGALAM, NORTH PARAVUR P.O, ERNAKULAM - 683513.
2 JUBIN M.M.
AGED 40 YEARS
S/O. MOHANNA N.R, MOORKKANATT HOUSE, PERUMBOTH ROAD,
KEDAMANGALAM, NORTH PARAVUR P.O, ERNAKULAM - 683513.
3 DIBIN M.M
AGED 41 YEARS
MOORKKANATT HOUSE, PERUMBORTH ROAD, KEDAMANGALAM,
NORTH PARAVUR P.O, ERNAKULAM - 683513.
4 SURYA SURESH
AGED 36 YEARS
W/O. DIBIM M.M, MOORKKANATT HOUSE, PERUMBOTH ROAD,
KEDAMANGALAM., NORTH PARAVUR P.O, ERNAKULAM - 683513.
BY ADVS.
SRI.S.RAJEEV
SRI.K.K.DHEERENDRAKRISHNAN
SRI.V.VINAY
SRI.K.ANAND (A-1921)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682031.(CRIME NO.1586/2010 OF
NORTH PARAVUR POLICE STATION, ERNAKULAM DISTRICT)
2 MOHANAN
AGED 65 YEARS
S/O. BALAKRISHNAN, ANUGRAHA HOUSE, KEDAMANGALAM KARA,
Crmc 737/2021 2
NORTH PARAVUR, ERNAKULAM - 683513.
R2 BY ADV. VINOD KUMAR.C
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 737/2021 3
V.G.ARUN, J.
===========================
Crl.M.C.No.737 of 2021
===========================
Dated this the 15th day of February, 2021
ORDER
Petitioners are the accused in Crime No.1586 of 2010
registered at the North Parur Police Station for offences
punishable under Sections 286, 294(b), r/w 34 of IPC, now
pending as C.C.No.527 of 2019 on the file of Judicial First Class
Magistrate Court (Temporary), North Parur. The de facto
complainant at whose instance the crime was registered is the
2nd respondent. Annexure III affidavit has been filed by the 2 nd
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.527 of 2019 on the file of Judicial First Class Magistrate
Court-III, North Parur is quashed.
Sd/-
V.G.ARUN
JUDGE
lgk
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE I THE CERTIFIED COPY OF THE FIR ALON WITH FIS
IN CRIME NO. 1586/2010 OF NORTH PARAVUR
POLICE STATION.
ANNEXURE II CERTIFIED COPY OF THE FINAL REPORT IN CC
NO. 527/2019 PENDING ON THE FILE OF
JUDICIAL MAGISTRATE OF FIRST CLASS III,
NORTH PARAVUR.
ANNEXURE III A NOTARIZED COPY OF THE AFFIDAVIT SWORN BY
THE 2ND RESPONDENT.
