Nandakumar vs State Of Kerala
2021 Latest Caselaw 6313 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

    MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942

                      Crl.MC.No.742 OF 2021(C)

   AGAINST THE JUDGMENT IN CC 803/2013 OF JUDICIAL MAGISTRATE OF
                      FIRST CLASS -I, PONNANI

  CRIME NO.438/2006 OF Changaramkulam Police Station , Malappuram


PETITIONER/4th ACCUSED:

             NANDAKUMAR
             AGED 58 YEARS
             S/O MR. MENON, SREESAILAM, SURYA GARDENS, CHERUMUKKU,
             THRISSUR DISTRICT

             BY ADV. SRI.RAJIT

RESPONDENT/STATE AND DE FACTO COMPLAINANT :

      1      STATE OF KERALA
             REP BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM-682 031.

      2      N.REMESH KUMAR
             AGED 58 YEARS
             S/O KUNJUNNI, NAMBIYATTIL HOUSE, MOOKUTHALA
             P.O.CHELLAKADAVU ROAD, NANNAMUKKU VILLAGE,M PONNANI
             THALUK, MALAPPURAM DISTRICT-679 577.

             R2 BY ADV. K.M.SAMEER

OTHER PRESENT:

             PP T.R.RENJITH

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.742 OF 2021(C)       ..2..




                            ORDER

Dated this the 22nd day of February 2021

Petitioner is the 4th accused in Crime No.438/2006

registered at the Changaramkulam Police Station for

offences punishable under Sections 468, 420 and 409

r/w 34 of IPC, now pending as C.C.No.803/2013 on the

files of the Judicial First Class Magistrate Court

Ponnani. The de facto complainant, at whose instance

the crime was registered, is arrayed as the 2 nd

respondent. Annexure-A7 affidavit has been filed by 2 nd

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 have no Crl.MC.No.742 OF 2021(C) ..3..

criminal antecedents.

3. Having considered the gravity of the offences

alleged, nature of the injury caused and having

perused the affidavit filed by the 2 nd 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. The

learned Counsel for the petitioner submits that the

proceedings against the first accused was quashed by

this Court as per order in Criminal M.C.No.4529/2013.

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 Crl.MC.No.742 OF 2021(C) ..4..

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. The

proceedings in C.C.No.803/2013 on the files of the

Judicial First Class Magistrate Court Ponnani, as

against the petitioner, is quashed.

Sd/-

                                          V.G.ARUN
    SB/22/02/2021                           JUDGE
 Crl.MC.No.742 OF 2021(C)             ..5..




                           APPENDIX
    PETITIONER'S/S EXHIBITS:

ANNEXURE 1 A TRUE COPY OF THE FIR REGISTERED BY THE CHANGARAMKULAM POLICE IN CRIME NO 438/2006 OF THE CHANGARAMKULAM POLICE STATION

ANNEXURE 2 A TRUE COPY OF THE FINAL REPORT FILED BY THE CHANGARMKULAM POLICE STATION IN CRIME NO 438/2006 OF THE CHANGARAMKULAM POLICE STATION

ANNEXURE 3 A TRUE COPY OF THE RESOLUTION ADOPTED BY TH SOUTH INDIAN BANK

ANNEXURE 4 A TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT

ANNEXURE 5 A TRUE COPY OF THE DEPOSITION OF THE 2ND RESPONDENT

ANNEXURE 6 A TRUE COPY OF THE PROCEEDINGS DATED 4.3.2020 IN CC 803/2013 LEARNED JFCM PONNANI.

ANNEXURE 7 A TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT //true copy// P.A to Judge