Muhammed Faisal vs Sulaiman
2021 Latest Caselaw 5606 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

     TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942

                       Crl.MC.No.631 OF 2021(H)

  AGAINST THE JUDGMENT IN CC 443/2019 OF JUDICIAL MAGISTRATE OF
                    FIRST CLASS -II,PALAKKAD

      CRIME NO.141/2019 OF Mankara Police Station , Palakkad


PETITIONER:

               MUHAMMED FAISAL
               AGED 22 YEARS
               S/O.UMMER, ERANJIPARAMBU KUNNATHU HOUSE,
               KIZHAKKUMPURAM P.O., MANNUR, PALAKKAD.

               BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)

RESPONDENTS:

      1        SULAIMAN
               AGED 50 YEARS
               S/O.SAIDU, ERANJIPARAMBU HOUSE, KIZHAKKUMPURAM P.O.,
               MANNUR, PALAKKAD-678642.

      2        STATE OF KERALA,
               REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
               KERALA, ERNAKULAM-682031.

               R1 BY ADV. UNNI SEBASTIAN KAPPEN



               SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crmc 631/2021                          2

                                     V.G.ARUN, J.

                 ===========================
                          Crl.M.C.No.631 of 2021
                 ===========================
                   Dated this the 16th day of February, 2021


                                     ORDER

Petitioner is the accused in Crime No.141 of 2019

registered at the Mankara Police Station for offences punishable

under Sections 447, 323, 294(b), 506(ii) of IPC, now pending as

C.C.No.443 of 2019 on the files of Judicial First Class Magistrate-

II, Palakkad. The de facto complainant at whose instance the

crime was registered is the 1st respondent. Annexure B affidavit

has been filed by the 1st respondent stating that the dispute has

been settled and that 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 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

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.443 of 2019 on the files of Judicial First Class Magistrate-

II, Palakkad is quashed.

Sd/-

V.G.ARUN JUDGE

lgk

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A TRUE COPY OF THE FINAL REPORT IN CRIME NO.141/2019 OF MANKARA POLICE STATION, PALAKKAD WHICH IS NOW PENDING AS C.C.NO.443/2019 ON THE FILE OF THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE II, PALAKKAD.

ANNEXURE B THE AFFIDAVIT SWORN BY THE 1ST RESPONDENT HEREIN EVIDENCING THE AFORESAID FACTUM OF SETTLEMENT.