Ajith Alen vs State Of Kerala
2021 Latest Caselaw 6712 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

                THE HONOURABLE MR.JUSTICE V.G.ARUN

   THURSDAY, THE 25TH DAY OF FEBRUARY 2021 / 6TH PHALGUNA, 1942

                    Crl.MC.No.8792 OF 2019(H)

 AGAINST THE ORDER/JUDGMENT IN CC 632/2018 OF JUDICIAL MAGISTRATE
                    OF FIRST CLASS,TALIPARAMBA


PETITIONERS/ACCUSED NO.1 TO 12:

      1      AJITH ALEN
             AGED 22 YEARS
             MECHANICAL ENGINEERING STUDENT, VIMAL JYOTHI
             ENGINEERING COLLEGE, CHEMPERI, P.O.CHEMPERI, KANNUR
             DISTRICT-670632.

      2      ABY
             AGED 22 YEARS
             CIVIL ENGINEERING STUDENT, VIMAL JYOTHI ENGINEERING
             COLLEGE, CHEMPERI, P.O.CHEMPERI, KANNUR DISTRICT-
             670632.

      3      JOYAL
             AGED 22 YEARS
             MECHANICAL ENGINEERING STUDENT, VIMAL JYOTHI
             ENGINEERING COLLEGE, CHEMPERI, P.O.CHEMPERI, KANNUR
             DISTRICT-670632.

      4      THANISH
             AGED 22 YEARS
             CIVIL ENGINEERING STUDENT, VIMAL JYOTHI ENGINEERING
             COLLEGE, CHEMPERI, P.O.CHEMPERI, KANNUR DISTRICT-
             670632.

      5      SAYOOJ
             AGED 22 YEARS
             CIVIL ENGINEERING STUDENT, VIMAL JYOTHI ENGINEERING
             COLLEGE, CHEMPERI, P.O.CHEMPERI, KANNUR DISTRICT-
             670632.

      6      VINAY
             AGED 22 YEARS
             CIVIL APPLIED ELECTRONICS AND INSTRUMENTATION
             ENGINEERING STUDENT, VIMAL JYOTHI ENGINEERING
             COLLEGE, CHEMPERI, P.O.CHEMPERI, KANNUR DISTRICT-
             670632.
 CRL.M.C.NO.8792 OF 2019
                                 2

       7       SHYAM
               AGED 22 YEARS
               MECHANICAL ENGINEERING STUDENT, VIMAL JYOTHI
               ENGINEERING COLLEGE, CHEMPERI, P.O.CHEMPERI, KANNUR
               DISTRICT-670632.

       8       ATHUL SAJI
               AGED 22 YEARS
               COMPUTER ENGINEERING STUDENT, VIMAL JYOTHI
               ENGINEERING COLLEGE, CHEMPERI, P.O.CHEMPERI, KANNUR
               DISTRICT-670632.

       9       ANANTHU
               AGED 22 YEARS
               MECHANICAL ENGINEERING STUDENT, VIMAL JYOTHI
               ENGINEERING COLLEGE, CHEMPERI, P.O.CHEMPERI, KANNUR
               DISTRICT-670632.

       10      RAHUL THEKKAN
               AGED 22 YEARS
               MECHANICAL ENGINEERING STUDENT, VIMAL JYOTHI
               ENGINEERING COLLEGE, CHEMPERI, P.O.CHEMPERI, KANNUR
               DISTRICT-670632.

       11      BIBIN MATHEW
               AGED 22 YEARS
               MECHANICAL ENGINEERING STUDENT, VIMAL JYOTHI
               ENGINEERING COLLEGE, CHEMPERI, P.O.CHEMPERI, KANNUR
               DISTRICT-670632.

       12      KIRAN
               AGED 22 YEARS
               ELECTRICAL ENGINEERING STUDENT, VIMAL JYOTHI
               ENGINEERING COLLEGE, CHEMPERI, P.O.CHEMPERI, KANNUR
               DISTRICT-670632.

               BY ADV. SRI.V.A.SATHEESH

RESPONDENTS/STATE & DEFACTO COMPLAINANT:

       1       STATE OF KERALA,
               REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA
               AT ERNAKULAM.

       2       SANJAY WILSON,
               S/O.O.S.WILSON, AGED 24 YEARS, OLAVAKKUNEELHOUSE,
               PERAMBRA, CHANGAROTH AMSOM, AVADUKKA DESOM,
               QUILANDY TALUK, KOZHIKODE DISTRICT, PIN-673014.

               R2 BY ADV. V.T.MADHAVANUNNI
 CRL.M.C.NO.8792 OF 2019
                                3

OTHER PRESENT:

               PP T.R.RENJITH

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
25.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.8792 OF 2019
                                     4




                                ORDER

Dated this the 25th day of February 2021

Petitioners are the accused in C.C.No.632/2018

on the files of Judicial First Class Magistrate Court,

Taliparamba for offences punishable under Sections

143, 148, 341, 323, 324 & 294(b) read with Section

149 of IPC. The de facto complainant, at whose

instance the crime was registered, is arrayed as the

2nd respondent. The 2nd respondent has filed an

affidavit 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 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 CRL.M.C.NO.8792 OF 2019

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. That

the petitioners were students, when the incident

occurred is also 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. Further

proceedings C.C.No.632/2018 on th files of Judicial

First Class Magistrate Court, Taliparamba is quashed.

Sd/-

V.G.ARUN

JUDGE

NB CRL.M.C.NO.8792 OF 2019

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 THE CERTIFIED COPY OF THE COMPLAINT IN C.C.NO.632/2018 ON THE FILE OF J.F.C.M. COURT, TALIPARAMBA.

RESPONDENT'S EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE