Albi vs Unknown
2021 Latest Caselaw 5456 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.254 OF 2021(B)

 AGAINST THE ORDER/JUDGMENT IN SC 325/2018 OF ADDITIONAL DISTRICT
              COURT & SESSIONS COURT - II, ALAPPUZHA

   CRIME NO.446/2016 OF MANNANCHERRY POLICE STATION , Alappuzha


PETITIONERS/ACCUSED NO.2 AND 3:

      1      ALBI
             AGED 35 YEARS
             S/O. JOSEPH, KUTTITHARAYIL (H), PAZHAVEEDU WARD,
             ALAPPUZHA MUNICIPALITY, ALAPPUZHA.

      2      SAJI @ SAJEEV
             AGED 35 YEARS
             S/O. SOMAN, VELIYIL (H), WARD NO.8, MANNANCHERRY
             PANCHAYATH, ALAPPUZHA.

             BY ADVS.
             SRI.ABDUL JALEEL.A
             SMT.M.A.SULFIA

RESPONDENTS/DEFACTO-COMPLAINANT

      1      STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM - 682 031. REPRESENTED BY SUB
             INSPECTOR OF POLICE, MANNANCHERRY POLICE STATION,
             ALAPPUZHA - 688538.

      2      MANIYAPPAN
             AGED 59 YEARS
             S/O. SREEDHARAN, CHATTUMOOLAYIL (H), WARD NO.8,
             MANNANCHERRY PANCHAYATH, ALAPPUZHA - 688 538.

             R2 BY ADV. A.E.ALIYAR

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.254 OF 2021
                                      2




                               ORDER

Dated this the 15th day of February 2021

Petitioners are accused Nos. 2 and 3 in Crime

No.446/2016 registered at the Mannanchery Police

Station, Alappuzha for offences punishable under Sections

109, 294(b), 452, 308, 324 and 323 read with Section 34

of IPC, now pending as S.C.No.325/2018 on the files of

Additional Sessions Court-II, Alappuzha. The de facto

complainant, at whose instance the crime was registered

is arrayed as the 2nd respondent. Annexure-A3 affidavit

has been filed by the 2 nd 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.

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 CRL.M.C.NO.254 OF 2021

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. Annexure A2,

Final Report/Charge Sheet in Crime No.446/2016 of

Mannanchery Police Station and further proceedings in

S.C.No.325/2018 on the files of Additional Sessions

Court-II, Alappuzha are quashed.

Sd/-

V.G.ARUN

JUDGE NB CRL.M.C.NO.254 OF 2021

APPENDIX PETITIONERS'S EXHIBITS:

ANNEXURE A1 THE CERTIFIED COPY OF FIR IN CRIME NO.446/2016 OF MANNANCHERY POLICE STATION ALONG WITH THE STATEMENT OF THE DEFACTO- COMPLAINANT.

ANNEXURE A2 THE CERTIFIED COPY OF FINAL REPORT / CHARGE SHEET.

ANNEXURE A3 THE ORIGINAL AFFIDAVIT FILED BY RESPONDENT NO.2