Kerala High Court
Vijesh T vs State Of Kerala on 18 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 18TH DAY OF FEBRUARY 2021 / 29TH MAGHA,1942
Crl.MC.No.241 OF 2021(A)
AGAINST THE JUDGMENT IN SC 5/2020 OF ASSISTANT SESSIONS COURT,
HOSDRUG
CRIME NO.12/2019 OF Bekal Police Station , Kasargod
PETITIONER/ ACCUSED NOS. 1 AND 6:
1 VIJESH T.
AGED 34 YEARS
S/O. CHATHUKUTTY T, VELUTHOLLI, PANYAL VILLAGE,
BAKEL, KASARGOD.
2 KRIPESH,
AGED 23 YEARS
S/O. KRISHNAN NAIR, VELUTHOLLI(H), PANAYAL VILLAGE,
BEKAL, KASARGOD.
3 NAVEEN,
AGED 24 YEARS
S/O. NARAYANAN, KIZHAKKEVEEDU, VELUTHOLLI KEEKKANAN,
PANAYAL VILLAGE, BAKEL KASARGOD.
4 RAJESH T,
AGED 36 YEARS
S/O. DHAMODHARAN, THOTTATHIL (H), KEEKKAN VILLAGE,
BAKEL, KASARGOD.
5 BABURAJ K,
AGED 24 YEARS
S/O. SUKUMARAN K, KATTAMPALLY (H), KOTTARA COLONY,
KADINJIMOOLA, NILESWARAM, KASARGOD.
6 SUDHEESH T,
AGED 26 YEARS
S/O. CHOYI, THOTTHIL (H), KIZHAKKEKKARA, KEEKKAN
VILLAGE, BAKEL, KASARGOD.
7 UNNIKKANAN,
AGED 23 YEARS
S/O. DEVADAS, PREMANIVAS, THOTTIKIZHAKKEKKARA,
PALLIPPUZHA, KEEKKAN VILLAGE, KASARGOD.
Crl.MC.No.241 OF 2021(A) ..2..
BY ADVS.
SRI.RAHUL SASI
SMT.NEETHU PREM
RESPONDENT/STATE AND COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031
2 GOPALAKRISHNAN
AGED 55 YEARS
S/O. P. KRISHNAN, KRISHNA NIVAS, AMBANGAD, PANAYAL
VILLAGE, HOSDURG VILLAGE, HOSDURG TALUK, KASARGOD-
671 315
R2 BY ADV. VIVEK.P.K
OTHER PRESENT:
SR.PP.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.241 OF 2021(A) ..3..
ORDER
Dated this the 18th day of February 2021
Petitioners are the accused in Crime No.12/2019
registered at the Bakel Police Station for offences
punishable under Sections 143, 147, 148, 427 and
308 r/w 149 of IPC, now pending as S.C.No.5/2020 on
the files of the Assistant Sessions Court, Hosdurg.
The de facto complainant, at whose instance the
crime was registered, is arrayed as the 2nd
respondent. Annexure-A3 affidavit has been filed by
2nd 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.MC.No.241 OF 2021(A) ..4..
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 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
Crl.MC.No.241 OF 2021(A) ..5..
no impediment in granting the relief sought.
In the result, this Crl.M.C is allowed. The
proceedings in S.C.No.5/2020 on the files of the
Assistant Sessions Court, Hosdurg is quashed.
Sd/-
V.G.ARUN
SB/18/02/2021 JUDGE
Crl.MC.No.241 OF 2021(A) ..6..
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IN
CRIME NO. 12 OF 2019 OF BAKEL POLICE
STATION.
ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL
REPORT IN CRIME NO. 12 0F 2019 OF
BAKEL POLICE STATION. ANNEXURE A2 :
ORIGINAL AFFIDAVIT DATED 31.12.2020
SUBMITTED BY 2ND RESPONDENT.
ANNEXURE A3 ORIGINAL AFFIDAVIT DATED 31.12.2020
SUBMITTED BY 2ND RESPONDENT.
//true copy// P.A to Judge
