Pankrabas vs The State Of Kerala
2021 Latest Caselaw 6458 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

   TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942

                      Crl.MC.No.5602 OF 2020(A)

AGAINST THE ORDER/JUDGMENT IN SC 942/2017 OF I ADDITIONAL DISTRICT
                        COURT, TRIVANDRUM

          CRIME NO.942/2017 OF Anchuthengu Police Station ,
                          Thiruvananthapuram


PETITIONERS/ACCUSED 1 TO 6 & 8:

      1       PANKRABAS
              AGED 43 YEARS
              S/O. FRANCIS, PUTHUVAL PURAYIDOM,
              NEAR ANCHUTHENGU VALIYAPALLI, ANCHUTHENGU,
              TRIVANDRUM.

      2       LOWRENCE, S/O. PETER
              AGED 48 YEARS
              PUTHUVAL PURAYIDOM, NEAR ANCHUTHENGU VALIYAPALLI,
              ANCHUTHENGU, TRIVANDRUM.

      3       ALPHONSE, S/O. ADIMAPILLAI
              AGED 60 YEARS
              PUTHUVAL PURAYIDOM HOUSE, NEAR ANCHUTHENGU
              VALIYAPALLI, ANCHUTHENGU, TRIVANDRUM.

      4       BAIJU, S/O. FRANCIS
              AGED 32 YEARS
              PUTHUVAL PURAYIDOM HOUSE, NEAR ANCHUTHENGU
              VALIYAPALLI, ANCHUTHENGU, TRIVANDRUM.

      5       BOBAN @ RAJU. S/O. JYORIS
              AGED 41 YEARS
              PUTHUVAL PURAYIDOM HOUSE, NEAR ANCHUTHENGU
              VALIYAPALLI, ANCHUTHENGU, TRIVANDRUM.

      6       SHIBU, S/O. ALPHONSE
              AGED 29 YEARS
              PUTHUVAL PURAYIDOM HOUSE, NEAR ANCHUTHENGU
              VALIYAPALLI, ANCHUTHENGU, TRIVANDRUM.

      7       BALARIS @ KANNAN
              AGED 42 YEARS
              S/O.SARASAPPAN, PUTHUVAL PURAYIDOM HOUSE,
              NEAR ANCHUTHENGU VALIYAPALLI, ANCHUTHENGU,
    Crl.MC.No.5602 OF 2020

                                2

             TRIVANDRUM.

             BY ADV. SRI.S.NIDHEESH

RESPONDENTS/STATE & INJURED:

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

    2    MARIYADASAN
         AGED 42 YEARS
         S/O. ANTHONYADIMA, ENNAKKIDANGU PURAYIDOM,
         ANCHUTHENGU, TRIVANDRUM - 691 539.

    3    NIJESH FRANCIS
         AGED 29 YEARS
         S/O. FRANCIS, VADIKAKKAM THUNDUPURAYIDOM,
         NEAR ST. JOSEPH H.S.S., ANCHUTHENGU,
         TRIVANDRUM - 691 539.

    4    SHERLY
         AGED 37 YEARS
         D/O. SELVAMMA, ENNAKKIDANGU PURAYIDOM,
         ANCHUTHENGU, TRIVANDRUM - 691 539.

    5    MARIYAM @ AHATHA
         AGED 43 YEARS
         VALLAKKADAVU FISHERMEN COLONY, MUTTATHARA,
         TRIVANDRUM - 691 539.

             R2 - R4 SRI. V.S.SHIRAZ BAVA
             SRI T. R. RENJITH, PP

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.5602 OF 2020

                              3




                           ORDER

Dated this the 23rd day of February 2021

Petitioners are the accused in Crime No.901/2015

registered at the Anchuthengu Police Station for offences

punishable under Sections 143, 147, 148, 294 (b), 323, 324

and 307 read with Section 149 of IPC, now pending as S.C.

No.942/2017 on the files of the Additional District & Sessions

Court (PoCSO), Thiruvananthapuram. The de facto

complainant and the other injured persons, are arrayed as

respondents 2 to 5. Annexures-II to V affidavits have been

filed by respondents 2 to 5 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 criminal

antecedents.

Crl.MC.No.5602 OF 2020

3. Having considered the gravity of the offences

alleged, nature of the injury caused and having perused the

affidavits filed by respondents 2 to 5, 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. Eventhough the offence under Section 307 of

I.P.C is alleged, the fact that the petitioners and the injured

are neighbours and relatives and the submission of both

sides that pursuant to the settlement peace is prevailing in

the area are relevant factors to be taken into consideration.

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. The proceedings Crl.MC.No.5602 OF 2020

in S.C. No.942/2017 on the files of the Additional District &

Sessions Court (POCSO), Thiruvananthapuram, is quashed.

Sd/-

V.G.ARUN JUDGE

SPR Crl.MC.No.5602 OF 2020

APPENDIX OF Crl.MC 5602/2020 PETITIONER'S/S EXHIBITS:

ANNEXURE I CERTIFIED COPY OF THE FINAL REPORT IN S.C.942/2017 ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS COURT (POCSO), THIRUVANANTHAPURAM.

ANNEXURE II AFFIDAVIT OF THE 2ND RESPONDENT DATED 30.10.2020.

ANNEXURE III AFFIDAVIT OF THE 3RD RESPONDENT DATED 30.10.2020.

ANNEXURE IV AFFIDAVIT OF THE 4TH RESPONDENT DATED 30.10.2020.

ANNEXURE V AFFIDAVIT OF THE 5TH RESPONDENT DATED 30.10.2020.

RESPONDENT'S/S EXHIBITS: NIL.