Saran K. Sasi vs Crl.Mc.No.59 Of 2021(F) ..2
2021 Latest Caselaw 6042 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.59 OF 2021(F)

  AGAINST THE JUDGMENT IN CC 211/2020 OF JUDICIAL MAGISTRATE OF
                 FIRST CLASS -II,PATHANAMTHITTA

   CRIME NO.58/2020 OF Koipuram Police Station , Pathanamthitta


PETITIONER/ACCUSED:

      1      SARAN K. SASI
             AGED 19 YEARS
             S/O. SASI, KALLUZHATHIL HOUSE, VALLAMKULAM P. O.,
             THIRUVALLA, PATHANAMTHITTA - 689 541.

      2      JAYAKRISHNAN
             AGED 19 YEARS
             S/O. JAYACHANDRAN, VENGATTOOR HOUSE, VADASERIKARA P.
             O., PATHANAMTHITTA - 689 662.

      3      JAYASH KUMAR G.
             AGED 19 YEARS
             S/O. GIRISHKUMAR, JAI BHAVAN, EDAYAVANMULA P. O.,
             PATHANAMTHITTA - 689 532.

      4      AKHIL KRISHNA
             AGED 19 YEARS
             S/O. ANANDHAN, THEKKEDATHUPARAMBIL HOUSE, PARUMALA P.
             O., THIRUVALLA, PATHANAMTHITTA.

      5      MUHAMMED SHAMNAD P. S.
             AGED 19 YEARS
             S/O. SHAJIKHAN, PANTHRANDUPARAYIL HOUSE, NARAKATHANI
             P. O., VENNIKULAM, PATHANAMTHITTA.

      6      AMAL KRISHNA
             AGED 19 YEARS
             S/O. KRISHNANKUTTY, OLUPPIL THUNDIYIL HOUSE, PARUMALA
             P. O., THIRUVALLA, PATHANAMTHITTA - 689 626.

             BY ADV. SRI.SEBIN THOMAS




RESPONDENT/STATE/DE FACTO COMPLAINANT:
 Crl.MC.No.59 OF 2021(F)      ..2..




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

      2      THE SUB INSPECTOR OF POLICE
             KOIPRAM POLICE STATION, PULLAD,
             PATHANAMTHITTA DISTRICT.

      3      AJEESH RAMAKRISHNAN
             AGED 18 YEARS
             S/O. RAMAKRISHNAN, ERATTAPANAKKAL HOUSE,
             KURUVILANGADU P. O., KURUVILANGAD, KOTTAYAM, PIN -
             686633.

      *ADDL. RAHUL KRISHNAN, AGED 19 YEARS,
      R4     S/O RADHAKRISHNAN UNNITHAN
             EDAPPURAYIL, THENGAMAM
             THENGAMAM PO- 690 522
      5      VISHNU.A, AGED 19
             S/O ANILKUMAR
             VAZHUVELIL PUTHEN VEEDU
             PAZHAKALAM PO - 691 527
      6      ANANDU, S/O RAVI
             RAVI SADANAM, ENATHU PO
             ADOOR 691 526

      7      AMAL SHAJI
             S/O SHAJI, AGED 24 YEARS
             THEJUS, PAKKANDOM
             ARTHINKAL PO
             KONNI, PATHANAMTHITTA- 689 693

             R3 BY ADV. AKHIL BHASKAR

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.MC.No.59 OF 2021(F)      ..3..




                             ORDER

Dated this the 19th day of February 2021

Petitioners are the accused in Crime No.58/2020

registered at the Koipram Police Station for offences

punishable under Sections 294(b), 341, 323 and 324

r/w 34 of IPC, now pending as C.C.No.211/2020 on the

files of the Judicial First Class Magistrate Court-II,

Pathanamthitta. The de facto complainant and the

other persons injured are arrayed as respondents 3 to

7. Annexures-A-II and A-III affidavits have been filed

by the said respondents stating that the dispute, which

was the reason for the incident and registration of the

crime, has been resolved amicably and they have no

subsisting grievance against the petitioners.

2. Heard the learned Public Prosecutor also, who,

on instructions, submits that the petitioners have no Crl.MC.No.59 OF 2021(F) ..4..

criminal antecedents.

3. Having considered the gravity of the offences

alleged, nature of the injury caused and having

perused the affidavits filed by respondents 3 to 7, 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.

Crl.MC.No.59 OF 2021(F) ..5..

In the result, this Crl.M.C is allowed. The

proceedings in C.C.No.211/2020 on the files of the

Judicial First Class Magistrate Court-II,

Pathanamthitta is quashed.

Sd/-

                                          V.G.ARUN
     SB/23/02/2021
                                            JUDGE
 Crl.MC.No.59 OF 2021(F)         ..6..




                             APPENDIX
     PETITIONER'S/S EXHIBITS:

     ANNEXURE I           A CERTIFIED COPY OF THE CHARGE SHEET

DATED 30.01.2020 IN C.C.NO.211/2020.

ANNEXURE II THE COMPROMISE AFFIDAVIT DATED 11.12.2020 FILED BY THE DEFACTO COMPLAINANT.

ANNEXURE III TRUE COPY OF THE SETTLEMENT AFFIDAVIT DATED 9.2.2021 //true copy// P.A to Judge