Kerala High Court
Naveen vs Sajesh 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.621 OF 2021(G)
AGAINST THE ORDER/JUDGMENT IN SC 354/2017 OF DISTRICT COURT &
SESSIONS COURT,KOZHIKODE
CRIME NO.685/2016 OF NADAPURAM POLICE STATION, KOZHIKODE
PETITIONERS/ACCUSED NO.2 AND 3:
1 NAVEEN
AGED 26 YEARS
S/O NANU,
MEETHALA KANDIYIL HOUSE, VISHNUMANGALAM, KOZHIKODE
RURAL, KOZHIKODE DISTRICT.
2 PRANAV
AGED 26 YEARS
S/O CHANDRAN,
MATHATH HOUSE,
VISHNUMANGALAM,
KOZHIKODE RURAL,
KOZHIKODE DISTRICT.
BY ADVS.
SRI.P.V.ANOOP
SRI.PHIJO PRADEESH PHILIP
SRI.M.P.PRIYESHKUMAR
RESPONDENTS/COMPLAINANT & STATE:
1 SAJESH
AGED 35 YEARS
S/O RAJAN, MALAYIL HOUSE,
CHELIYA (PO), CHENGOTTUKAVU, KOYILANDY, KOZHIKODE
DISTRICT, PIN-673306.
2 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM,
KOCHI-682031.
R1 BY ADV. K.V.SREERAJ
CRL.M.C.NO.621 OF 2021
2
OTHER PRESENT:
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:
CRL.M.C.NO.621 OF 2021
3
ORDER
Dated this the 15th day of February 2021
Petitioners are accused Nos. 2 and 3 in Crime
No.685/2016 registered at the Nadapuram Police
Station, Kozhikode Rural for offences punishable
under Sections 341, 321 read with Section 34 of IPC
and Section 3(2) V (a) of Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989
(Amended 2015), now pending as S.C.No.354/2017
on the files of Principal Sessions Court, Kozhikode. It
is stated that the 1st accused in the above crime is no
more. The de facto complainant, at whose instance
the crime was registered, is arrayed as the 1st
respondent. Annexure-C affidavit has been filed by
the 1st 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 petitioners.
CRL.M.C.NO.621 OF 2021
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 1st respondent, the
contents of which are submitted to be true and
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. The
entire proceedings in Crime No.685/2016 of
CRL.M.C.NO.621 OF 2021
Nadapuram Police Station and S.C.No.354/2017 on
the files of Principal Sessions Court, Kozhikode are
quashed.
Sd/-
V.G.ARUN
JUDGE
NB
CRL.M.C.NO.621 OF 2021
APPENDIX
PETITIONERS'S EXHIBITS:
ANNEXURE-A CERTIFIED COPY OF THE FIR IN CRIME NO.
685/2016 OF NADAPURAM POLICE STATION,
KOZHIKODE.
ANNEXURE-B CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO. 685/2016 WHICH IS NOW PENDING AGAINST
THE PETITIONERS AS S C NO. 354/2017 ON THE
FILE OF THE PRINCIPAL SESSIONS COURT,
KOZHIKODE.
ANNEXURE-C AFFIDAVIT SWORN BY THE FIRST RESPONDENT
DATED 15/01/2021.
