Kerala High Court
Riyas 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.680 OF 2021(D)
AGAINST THE ORDER/JUDGMENT IN CMP 772/2020 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -II,PERINTHALMANNA
CRIME NO.356/2020 OF MELATTUR POLICE STATION , MALAPPURAM
PETITIONER/ACCUSED:
RIYAS
AGED 35 YEARS
S/O. HAMSA, KALATHINKAL HOUSE, EDAYATOOR P.O.,
MALAPPURAM DISTRICT.
BY ADV. SMT.MARGERET K. JAMES
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031.
2 NAVAS,
AGED 29 YEARS, S/O. ABDUL NASAR, THACHANBATTA,
KARUVARAKKUND AMSOM, THARISH, NILAMBUR TALUK,
MALAPPURAM DISTRICT-676523.
R2 BY ADV. T.K.ABDU RAHIMAN
OTHER PRESENT:
PP T.R.RENJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C.NO.680 OF 2021
2
ORDER
Dated this the 15th day of February 2021
Petitioner is the sole accused in Crime No.356/2020
registered at the Melattoor Police Station, Malappuram for
offences punishable under Sections 420, 406 and 506 of
IPC, pending before the Judicial First Class Magistrate
Court-II, Perinthalmanna. The de facto complainant, at
whose instance the crime was registered is arrayed as the
2nd respondent. Annexure-A4 affidavit has been filed by
the 2nd respondent stating that the dispute, which was
the reason for the incident and registration of the crime,
has been resolved amicably and he has no subsisting
grievance against the petitioner.
2. Heard the learned Public Prosecutor also,
who, on instructions, submits that the petitioner has no
criminal antecedents.
3. Having considered the gravity of the
offences alleged, nature of the grievance caused and
having perused the affidavits filed by the 2nd respondent,
the contents of which are submitted to be true and
CRL.M.C.NO.680 OF 2021
voluntary, I am satisfied that the dispute is settled and 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.
In the result, this Crl.M.C is allowed.
Annexure-A1, First Information Report and further
proceedings in Crime No.356/2020 of Melattoor Police
Station, Malappuram, pending before the Judicial First
Class Magistrate Court-II, Perinthalmanna is quashed.
Sd/-
V.G.ARUN
JUDGE
NB
CRL.M.C.NO.680 OF 2021
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE FIR DATED 02/07/2020 OF
MELATTOOR POLICE STATION.
ANNEXURE A2 TRUE COPY OF THE CMP NO.772/2020 DATED
22/06/2020 BEFORE THE JUDICIAL MAGISTRATE
OF FIRST CLASS-II, PERINTHALMANNA.
ANNEXURE A3 TRUE COPY OF THE BAIL ORDER DATED
13/10/2020 GRANTED IN CRL. M.C. NO.902/2020
BY THE HON'BLE MANJERI SESSIONS COURT.
ANNEXURE A4 ORIGINAL AFFIDAVIT FILED BY THE 2ND
RESPONDENT DATED 21/12/2020.
