Mariyadasan vs The State Of Kerala
2021 Latest Caselaw 6478 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.5596 OF 2020(H)

   AGAINST THE ORDER/JUDGMENT IN SC 1011/2017 OF PRINCIPAL SUB
                         COURT,ATTINGAL

          CRIME NO.902/2015 OF Anchuthengu Police Station ,
                          Thiruvananthapuram


PETITIONERS/ACCUSED:

      1        MARIYADASAN
               AGED 42 YEARS
               S/O. ANTHONYADIMA, ENNAKKIDANGU PURAYIDOM,
               ANCHUTHENGU, TRIVANDRUM.

      2        NIJESH FRANCIS,
               AGED 29 YEARS
               S/O. FRANCIS, VADIKAKKAM, THUNDUPURAYIDOM,
               NEAR ST. JOSEPH H.S.S,
               ANCHUTHENGU, TRIVANDRUM.

      3        NISHEJ FRANCIS,
               AGED 26 YEARS
               S/O. FRANCIS, VADIKAKKAM, THUNDUPURAYIDOM,
               NEAR ST. JOSEPH H.S.S,
               ANCHUTHENGU, TRIVANDRUM.

      4        JOHN @ CHELALI,
               AGED 62 YEARS
               S/O. ANTHONYYADIMA, HOUSE NO. 169,
               KATTUPURA TSUNAMI COLONY,
               ANCHUTHENDU VILLAGE, TRIVANDRUM.

               BY ADV. SRI.V.S.SHIRAZ BAVA


RESPONDENTS:

      1        THE STATE OF KERALA
               REPREENTED BY THE PUBLIC PROSECUTOR,
               HIGH COURT OF KERALA,
               ERNNAKULAM - 682 031.
 Crl.MC.No.5596 OF 2020

                               2


      2      PANKRABAS, AGED 43
             S/O. FRANCIS, PUTHUVAL PURAYIDOM,
             NEAR ANCHUTHENGU VALIYAPALLI,
             ANNCHUTHENGU,
             TRIVANDRUM - 691 539.

      3      LOWRENCE,
             AGED 48 YEARS
             S/O. PETER, PUTHUVAL PURAYIDOM,
             NEAR ANCHUTHENGU VALIYAPALLI,
             ANCHUTHENGU,
             TRIVANDRUM - 691 539.

      4      ANIL @ CLEETUS
             S/O. SEBASTIAN, AGED 39,
             PUTHUVAL PURAYIDOM,
             NEAR ANCHUTHENGU VALIYAPALLI,
             ANCHUTHENGU, TRIVANDRUM - 691 539.

             R2 - R4, SRI. S.NIDHEESH
             SRI. T.R.RENJITH, PP.
             SRI. C.S.HRITHWIK, SR.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.5596 OF 2020

                                      3




                                 ORDER

Dated this the 23rd day of February 2021

Petitioners are the accused in Crime No.902/2015

registered at the Anchuthengu Police Station for offences

punishable under Sections 294 (b), 323, 324, 326 and 307

read with Section 34 of IPC, now pending as S.C.

No.1011/2017 on the files of the Assistant Sessions Court,

Attingal. The de facto complainant and the other injured

persons, are arrayed as respondents 2 to 4. Annexures-II to

IV affidavits have been filed by respondents 2 to 4 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.

3. Having considered the gravity of the offences Crl.MC.No.5596 OF 2020

alleged, nature of the injury caused and having perused the

affidavits filed by respondents 2 to 4, 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 that the

settlement has brought peace to the area is taken into

consideration. That the parties are fishermen is another

relevant 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.5596 OF 2020

in S.C. No.1011/2017 on the files of the Assistant Sessions

Court, Attingal, is quashed.

Sd/-

V.G.ARUN JUDGE

SPR Crl.MC.No.5596 OF 2020

APPENDIX OF Crl.MC 5596/2020 PETITIONER'S/S EXHIBITS:

ANNEXURE 1 TRUE COPY OF THE FINAL REPORT IN S.C 1011/2017 ON THE FILE OF ASSISTANT SESSIONS COURT, ATTINGAL.

ANNEXURE II ORIGINAL AFFIDAVIT OF THE 2ND RESPONDENT DATED 30-10-2020.

ANNEXURE III ORIGINAL AFFIDAVIT OF THE 3RD RESPONDENT DATED 30-10-2020.

ANNEXURE IV ORIGINAL AFFIDAVIT OF THE 4TH RESPONDENT DATED 30-10-2020.

   RESPONDENT'S/S EXHIBITS:    NIL.