Kerala High Court
K.P.Dileesh vs State Of Kerala on 26 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942
Crl.MC.No.994 OF 2021(D)
AGAINST THE ORDER/JUDGMENT IN CC 2687/2017 OF JUDICIAL MAGISTRATE
OF FIRST CLASS,THALASSERY
CRIME NO.1024/2017 OF THALASSERY POLICE STATION , KANNUR
PETITIONERS/ACCUSED NO. 1 TO 4:
1 K.P.DILEESH
AGED 40 YEARS
S/O KALATHIL PALAYAIL, S/O K.P VALASALAN, DEVI (H),
NEAR ERANHOLI WEST UP SCHOOL, ERANHOLI, KANNUR
DISTRICT, PIN-670 107.
2 P.V.VINOD,
AGED 45 YEARS
S/O VISHWANATHAN P, KANNAN KARIYATTIL ERANHOLI
P.O.THALASSERY, KANNUR DISTRICT, PIN-670 107.
3 PRAJEESH KUMAR A.P,
AGED 39 YEARS
S/O PRABHAKARAN A.P, PUTHENPURAYIL HOUSE, CHONADAM,
ERANHOLI P.O.THALASSERY, KANNUR DISTRICT, PIN-670
107.
4 YATHEESH A.K,
AGED 41 YEARS
S/O RAJENDRAN, SHOJA NIVAS, CHUNKAM, ERANHOLI, KANNUR
DISTRICT, PIN-670 107.
BY ADVS.
SMT.M.B.SHYNI
SRI.DEEPAK RAJ
SMT.C.P.ROOPA
RESPONDENT/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN-682 031.
2 BALAN P,
AGED 83 YEARS
S/O PAITHAL, SREENIDHI CHONADAM, THALASSERY, KANNUR
CRL.M.C.NO.994 OF 2021
2
DISTRICT.
R2 BY ADV. MAHAL MOHAN
OTHER PRESENT:
PP M.R.DHANIL
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
26.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C.NO.994 OF 2021
3
ORDER
Dated this the 26th day of February 2021
Petitioners are the accused in Crime
No.1024/2017 registered at the Thalassery Police
Station, Kannur for offences punishable under
Sections 341 & 323 read with Section 34 of IPC, now
pending as C.C.No.2687/2017 on the files of Judicial
First Class Magistrate Court, Thalassery. The de facto
complainant, at whose instance the crime was
registered is arrayed as the 2nd respondent and has
filed Annexure-AIII 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.994 OF 2021
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. Annexure-
A-II charge sheet and further proceedings in Crime
No.1024/2017 of Thalassery Police Station, pending
as C.C.No.2687/2017 on the files of Judicial First
Class Magistrate Court, Thalassery are quashed.
Sd/-
V.G.ARUN
JUDGE
NB
CRL.M.C.NO.994 OF 2021
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE I A TRUE COPY OF THE CITIZEN COPY OF THE
FIRST INFORMATION REPORT IN CRIME NO
1024/2017 OF THALASSERY POLICE STATION
ANNEXURE 11 TRUE COPY OF THE CHARGE SHEET IN CRIME NO
1024/2017 OF THALASSERY POLICE STATION,
KANNUR DISTRICT
ANNEXURE 111 AFFIDAVIT HAS SWORN BY THE 2ND
RESPONDENT/DE FACTO COMPLAINANT DATED
5.2.2021
RESPONDENT'S EXHIBITS: NIL
TRUE COPY
P.A. TO JUDGE
