Shamsudeen vs Abdul Wahab
2021 Latest Caselaw 6028 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

     FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942

                      Crl.MC.No.2519 OF 2020(D)

AGAINST THE ORDER/JUDGMENT IN CC 745/2016 OF THE COURT OF JUDICIAL
                FIRST CLASS MAGISTRATE-I, ALATHUR

      CRIME NO.950/2014 OF NENMARA POLICE STATION, PALAKKAD


PETITIONER/ACCUSED:

             SHAMSUDEEN
             AGED 39 YEARS
             S/O. IBRAHIM, KAYARADI, NENMARA, PALAKKAD.

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

RESPONDENTS/DEFACTO COMPLAINANT AND STATE:

      1      ABDUL WAHAB,
             AGED 49 YEARS
             S/O. SYED MUHAMMED, EDINJAMKODE, KAYARADI, NENMARA,
             PALAKKAD- 678 510.

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

             R1 BY ADV. UNNI SEBASTIAN KAPPEN

OTHER PRESENT:

             SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.2519 OF 2020
                                     2




                               ORDER

Dated this the 19th day of February 2021

Petitioner is the sole accused in Crime

No.950/2014 registered at the Nenmara Police

Station, Palakkad for offences punishable under

Sections 323, 324, 353 & 506(i) of IPC, now

pending as C.C.No.745/2016 on the files of Judicial

First Class Magistrate Court-I, Alathur. The de facto

complainant, at whose instance the crime was

registered, is arrayed as the 1st respondent.

Annexure-B affidavit has been filed by the 1 st

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 petitioner.

2. Heard the learned Public Prosecutor also,

who, on instructions, submits that the petitioner has

no criminal antecedents.

CRL.M.C.NO.2519 OF 2020

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 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-

A Final Report in Crime No.950/2014 of Nenmara

Police Station and further proceedings in CRL.M.C.NO.2519 OF 2020

C.C.No.745/2016 on the files of Judicial First Class

Magistrate Court-I, Alathur are quashed.

Sd/-

V.G.ARUN

JUDGE

NB CRL.M.C.NO.2519 OF 2020

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO 950/2014 OF NENMARA POLICE STATION, PALAKKAD WHICH IS NOW PENDING AS C.C NO 745/2016 ON THE FILE OF THE COURT OF JUDICIAL FIRST CLASS MAGISTRTE-1,ALATHUR

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

ANNEXURE C CERTIFIED COPY OF THE F.I STATEMENT IN CRIME NO. 950/2014 OF NENMARA POLICE STATION

RESPONDENTS'S EXHIBITS: NIL

True Copy P.A. to Judge