Praveen K. P vs State Of Kerala
2021 Latest Caselaw 6480 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.746 OF 2021(C)

AGAINST THE ORDER/JUDGMENT IN CC 2187/2020 OF JUDICIAL MAGISTRATE
                  OF FIRST CLASS - I, CHALAKUDY

     CRIME NO.173/2020 OF Chalakkudy Police Station, Thrissur


PETITIONER/ACCUSED:

             PRAVEEN K. P
             AGED 34 YEARS
             S/O. PURUSHOTHAMAN NAIR,
             SARAVANA KALLINGAVILA HOUSE,
             NETTAYAM DESOM, KACHANI VILLAGE,
             KACHANI P. O.,
             THIRUVANANTHAPURAM THALUK,
             THIRUVANANTHAPURAM DISTRICT,
             PIN - 695 013.

             BY ADVS.
             SRI. PRABHU K. N.
             SRI. MANUMON A.

RESPONDENTS/DEFACTO COMPLAINANT & STATE:

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

      2      ANOOP ANTONY
             AGED 33 YEARS
             S/O. ANTONY, KOTTEKATTUKARAN HOUSE,
             KODAKARA VAZHIAMBALAM DESOM,
             KODAKARA P. O., KODAKARA VILLAGE,
             CHALAKUDY THALUK,
             THRISSUR DISTRICT, PIN - 680 684.

             R2 - SRI. JAYAN KUTTICHAKKU
             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.746 OF 2021

                                    2




                                 ORDER

Dated this the 23rd day of February 2021

Petitioner is the accused in Crime No.173/2020 registered

at the Chalakkudy Police Station for offences punishable under

Sections 406 and 420 of IPC, now pending as

C.C.No.2187/2020 on the files of the Judicial First Class

Magistrate Court, Chalakkudy. The de facto complainant, at

whose instance the crime was registered, is arrayed as the 2 nd

respondent. Annexure - A3 affidavit has been filed by the 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

petitioner.

2. Heard the learned Public Prosecutor also, who, on

instructions, submits that the petitioner has no criminal

antecedents.

3. Having considered the gravity of the offences

alleged, nature of the injury caused and having perused the Crl.MC.No.746 OF 2021

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.

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

C.C.No.2187/2020 on the files of the Judicial First Class

Magistrate Court, Chalakkudy is quashed.

Sd/-

V.G.ARUN JUDGE

SPR Crl.MC.No.746 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE-A1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME 173/2020 OF CHALAKKUDY POLICE STATION DATED 12.02.2020.

ANNEXURE-A2 CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.2187/2020 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHALAKUDY ARISING OUT OF CRIME 173/2020 OF CHALAKUDY POLICE STATION DATED 12.02.2020.

ANNEXURE-A3 AFFIDAVIT SWORN BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT DATED 27.01.2021.

RESPONDENT'S/S EXHIBITS: NIL.