Firoz Muhammed vs State Of Kerala
2021 Latest Caselaw 5731 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.664 OF 2021(C)

  AGAINST THE JUDGMENT IN CC 808/2017 OF JUDICIAL MAGISTRATE OF
                     FIRST CLASS -I,ATTINGAL

CRIME NO.601/2019 OF Attingal Police Station , Thiruvananthapuram


PETITIONERS:

      1         FIROZ MUHAMMED
                AGED 36 YEARS
                S/O. MUHAMMED HASHIM, AMINA MANZIL, NEAR ALAMCODE
                VHSS, ATTINGAL, THIRUVANANTHAPURAM-695 102

      2         SAJEER,
                AGED 30 YEARS
                S/O. SALEEM, SAJEER MANZIL NEAR ALAMCODE VHSS,
                ATTINGAL, THIRUVANANTHAPURAM-695 102

      3         RAHUL,
                AGED 31 YEARS
                S/O. RAJENDRAN NAIR, ASWATHY BHAVAN, NEAR ALAMCODE
                HS, ATTINGAL, THIRUVANANTHAPURAM-695 102

                BY ADV. SRI.M.R.SARIN

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
                KERALA, ERNAKULAM.

      2         VINESH
                AGED 30 YEARS
                S/O. VISWAMBARAN, KUZHIVILA VEEDU, AYAMPALLI,
                MAVARKKAL, ALAMCODE, ATTINGAL, THIRUVANANTHAPURAM-695
                102

      3         SUB INSPECTOR OF POLICE,
                ATTINGAL POLICE STATION, THIRUVANANTHAPURAM P.O-695
                101

                R2 BY ADV. VIDYA G NAIR
 Crmc 664/2021                    2

                PP T.R.RENJITH

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crmc 664/2021                        3

                                  V.G.ARUN, J.

                ===========================
                         Crl.M.C.No.664 of 2021
                ===========================
                  Dated this the 17th day of February, 2021


                                 ORDER

Petitioners are the accused in Crime No.601 of 2019

registered at the Attingal Police Station for offences punishable

under Sections 341, 323, 324, 294(b), 506(i) and 34 of IPC, now

pending as C.C.No.808 of 2017 on the files of Judicial First Class

Magistrate-I, Attingal. The de facto complainant at whose

instance the crime was registered is the 2 nd respondent.

Annexure A3 affidavit has been filed by the 2nd respondent

stating that the dispute has been settled and that 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 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.808 of 2017 on the files of Judicial First Class Magistrate-

I, Attingal is quashed.

Sd/-

V.G.ARUN JUDGE

lgk APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF FIR IN CRIME NO. 0601/2017 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM.

ANNEXURE A2 TRUE COPY OF FINAL REPORT IN C.C. 808/2017 PENDING BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT I, ATTINGAL.

ANNEXURE A3 TRUE COPY OF AFFIDAVIT SWORN BY 2ND RESPONDENT.