Blesson.C.J vs Samuel Thomas
2021 Latest Caselaw 5728 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                   THE HONOURABLE MR.JUSTICE V.G.ARUN

    WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942

                       Crl.MC.No.5449 OF 2020(A)

AGAINST THE JUDGMENT IN CP 8/2020 OF JUDICIAL MAGISTRATE OF FIRST
                    CLASS -II,PATHANAMTHITTA

  CRIME NO.948/2019 OF Koipuram Police Station , Pathanamthitta


PETITIONER:

                BLESSON.C.J
                AGED 23 YEARS
                S/O V T JOSE, PUTHUPARAMBIL HOUSE, THOTTAPUZHASSERRY
                VILLAGE, THADIYOOR P O, THADIYOOR, PATHANAMTHITTA-
                689545.

                BY ADVS.
                SRI.AJEESH K.SASI
                SMT.SREELAKSHMI SABU

RESPONDENT/S:

      1         SAMUEL THOMAS
                S/O THOMAS,
                MURUPPEL HOUSE,
                NELLAMALA, CHIRAYIRAMPU P O, THOTTAPUZHASSERY
                VILLAGE, KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT-
                689549.

      2         STATE OF KERALA
                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
17.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crmc 5449/2020                         2




                              V.G.ARUN, J.

                 ===========================
                          Crl.M.C.No.5449 of 2020
                 ===========================
                   Dated this the 17th day of February, 2021


                                     ORDER

Petitioner is the accused in Crime No.948 of 2019

registered at the Koipuram Police Station for offences punishable

under Sections 279, 341 and 308 of IPC, now pending as

C.P.No.8 of 2020 on the file of Judicial First Class Magistrate

Court-II, Pathanamthitta. The de facto complainant at whose

instance the crime was registered is the 1 st respondent.

Annexure B affidavit has been filed by the 1 st 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.P.No.8 of 2020 on the file of Judicial First Class Magistrate

Court-II, Pathanamthitta is quashed.

Sd/-

V.G.ARUN JUDGE

lgk

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE-A TRUE COPY OF THE FINAL REPORT IN CRIME NO.948/2019 OF KOIPURAM POLICE STATION.

ANNEXURE-B THE AFFIDAVIT SWORN IN BY THE DEFACTO COMPLAINANT (CWI) /2ND RESPONDENT SIGNIFYING THE FACTUM OF SETTLEMENT COMPOSITION OF THE DISPUTES WITH THE PETITIONER.