Shyamjith.M vs State Of Kerala
2021 Latest Caselaw 6062 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.646 OF 2021(A)

  AGAINST THE   JUDGMENT IN SC 294/2015 OF ADDITIONAL SUB COURT,
                            THALASSERY

      CRIME NO.776/2014 OF Dharmadom Police Station , Kannur


PETITIONER/ACCUSED:

      1      SHYAMJITH.M
             AGED 27 YEARS
             S/O.HAREENDRAN, MAVILA HOUSE, PAYYANCHERI,
             IRITTY TALUK, KANNUR DISTRICT.

      2      HASSAN.M.K.,
             AGED 26 YEARS
             S/O.AHAMMED K.T.P, NEAR JOSE GIRI HOSPITAL,
             THALASSERY, KANNUR DISTRICT.

      3      NIDHEESH.P.,
             AGED 28 YEARS
             S/O.SREEDHARAN, MUGAPARAMBIL HOUSE,
             CHAVASSERY P.O., IRITTY, KANNUR DISTRICT.

      4      RADHUN.V.P.,
             AGED 27 YEARS
             S/O.RAVEENDRAN, VALIYAPARAMBIL, ELANGODE,
             THALASSERY, KANNUR DISTRICT.

      5      ABHIJITH, AGED 29 YEARS
             S/O.K.P.RAMACHANDRAN, ADHINANDANAM, PADUVILAYIL,
             PATHIRIYADU P.O., THALASSERY, KANNUR DISTRICT.

      6      SAJIN.K, AGED 24 YEARS
             S/O.MANOHARAN, KALLEL HOUSE, AZHEEKKAL P.O., KANNUR
             DISTRICT.

             BY ADV. SRI.P.SAMSUDIN
 Crl.MC.No.646 OF 2021(A)            ..2..



RESPONDENT/STATE AND DE FACTO COMPLAINANT:

      1      STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM-682031
             (IN CRIME NO.776/2014 OF DHARMADOM POLICE STATION
             IN KANNUR DISTRICT).

      2      SIBIN.P.S
             AGED 29 YEARS
             S/O.SUBAIR, PADAVAL PARAMBIL HOUSE, PERINJANAM
             P.O., TRISSUR DISTRICT, PIN-680686.

             R2 BY ADV. M.ANUROOP

OTHER PRESENT:

             PP T.R.RENJITH

     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.646 OF 2021(A)          ..3..




                            ORDER

Dated this the 19th day of February 2021

Petitioner is the accused in Crime No.776/2014

registered at the Dharmadom Police Station for

offences punishable under Sections 143, 147, 148,

341, 323, 324 and 308 r/w 149 of IPC, now pending as

S.C.No.294/2015 on the files of the Additional Sub

Court, Thalassery. 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.

2. Heard the learned Public Prosecutor also,

who, on instructions, submits that the petitioners Crl.MC.No.646 OF 2021(A) ..4..

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

no impediment in granting the relief sought.

Crl.MC.No.646 OF 2021(A) ..5..

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

proceedings in S.C.No.294/2015 on the files of the

Additional Sub Court, Thalassery is quashed.

Sd/-

                                        V.G.ARUN
     SB/19/02/2021                        JUDGE
 Crl.MC.No.646 OF 2021(A)             ..6..




                              APPENDIX
     PETITIONER'S/S EXHIBITS:

     ANNEXURE A1           CERTIFIED COPY OF THE FIR IN CRIME
                           NO.776/2014 OF DHAMADOM POLICE
                           STATION IN SC NO.294/2015 ON THE

FILES OF ADDL.SUB COURT, THALASSERY.

ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.776/2014 OF DHARMADOM POLICE STATION IN SC.NO.294/2015 ON THE FILES OF ADDL.SUB COURT, THALASSERY.

ANNEXURE A3 THE ORIGINAL OF THE AFFIDAVIT DATED 30.01.2021 SWORN IN BY THE 2ND RESPONDENT.

//true copy// P.A to Judge