Ajesh @ Yodiyan vs State Of Kerala
2021 Latest Caselaw 6896 Ker

             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.869 OF 2021(G)

 AGAINST THE ORDER/JUDGMENT IN CC 581/2015 OF JUDICIAL MAGISTRATE
                 OF FIRST CLASS -II,NEYYATTINKARA

CRIME NO.916/2014 OF PARASSALA POLICE STATION, THIRUVANANTHAPURAM


PETITIONERS/ACCUSED (A1) TO (A5):

      1      AJESH @ YODIYAN
             AGED 25 YEARS
             S/O. CHRISTUDAS, RANJITH HOUSE, NEAR VLATHANKARA
             JUNCTION, MACHIYODE DESOM, CHANKAL VILLAGE,
             THIRUVANANTHAPURAM DISTRICT.

      2      SAJIN
             AGED 28 YEARS
             S/O. CHRISTUDAS @ LOTTERY CHRISTUDAS, KARAVAKUDY
             VEEDU, VLATHANKARA, MACHIYODE DESOM, CHENKAL VILLAGE,
             THIRUVANANTHAPURAM DISTRICT.

      3      JOY
             AGED 40 YEARS
             S/O. JOHNSON, KAMMANGAL MANNADI VEEDU (IDIVETTUVILA
             VEEDU), MACHIYODE DESOM, CHENKL VILLAGE,
             THIRUVANANTHAPURAM DISTRICT.

      4      SHYJU @ YACHERI SHYJU
             AGED 33 YEARS
             S/O. GOPI, VANCHIKUZHY VILA VEEDU, KANJIRAMOODU
             KADAVU, MACHIYODE DESOM, CHENKAL VILLAGE,
             THIRUVANANTHAPURAM DISTRICT.

      5      SIMON
             AGED 40 YEARS
             S/O. JNANAMUTHAN NADAR, UDHINKATTU MANNADI VEEDU,
             MACHIYODE DESOM, CHENKAL VILLAGE, THIRUVANANTHAPURAM
             DISTRICT.

             BY ADVS.
             SRI.R.T.PRADEEP
             SMT.M.BINDUDAS
             SRI.K.C.HARISH
 CRL.M.C.NO.869 OF 2021
                                    2

RESPONDENTS/STATE & CW1, CW2 & CW3:

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

       2       PRADEEP
               AGED 31 YEARS
               S/O. SUNDARAN NADAR, KANYAKAVU MEKKE PUTHENVEETTIL,
               NEAR BY VLATHANKARA JUNCTION, MACHIYODE DESOM,
               CHENKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT-695
               132.

       3       SHIBU
               AGED 41 YEARS
               S/O. RAJENDRAN, ANANDU BHAVAN, MAVADITHALA, CHENKAL
               DESOM, CHENKAL VILLAGE, THIRUVANANTHAPURAM
               DISTRICT-695 132.

       4       RANJITH
               AGED 23 YEARS
               S/O. VIKRAMAN, PERIYA VEETTIL, VLATHANKARA,
               MACHIYODE DESOM, CHENKAL VILLAGE,
               THIRUVANANTHAPURAM DISTRICT-695 132.

               R2-4 BY ADV. V.VIJULAL

OTHER PRESENT:

               SR.PP.C.S.HRITHWIK

     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.869 OF 2021
                                      3




                               ORDER

Dated this the 26th day of February 2021

Petitioners are accused Nos. 1 to 5 in Crime

No.916/2014 registered at the Parassala Police

Station, Thiruvananthapuram for offences punishable

under Sections 143, 147, 148, 149, 341, 323, 324,

506(ii) & 295 of IPC, now pending as

C.C.No.581/2015 on the files of Judicial First Class

Magistrate, Court-II, Neyyattinkara. The defacto

complainant/CW1, CW2 and CW3 are arrayed as

respondents Nos. 2 to 4 respectively. Annexure-AII to

Annexure-AIV, affidavits have been filed by the

respondents Nos.2, 3 & 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 CRL.M.C.NO.869 OF 2021

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 respondents Nos.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. 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-I Final Report in C.C.No.581/2015 on the files of

Judicial First Class Magistrate, Court-II, Neyyattinkara CRL.M.C.NO.869 OF 2021

and further proceedings in connection with Crime

No.916/2014 of Parassala Police Station,

Thiruvananthapuram, are quashed.

Sd/-

V.G.ARUN

JUDGE

NB CRL.M.C.NO.869 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE I TRUE COPY OF FINAL REPORT DATED 28.1.2015 IN CRIME NO.916/2014 OF PARASSALA POLICE STATION IN C.C.NO.581/2015 BEFORE THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE-II, NEYYATTINKARA.

ANNEXURE II AFFIDAVIT OF CW1 DATED 7.2.2021 EXPRESSING HIS UNEQUIVOCAL CONSENT TO QUASH THE CRIMINAL PROCEEDINGS AGAINST THE PETITIONERS.

ANNEXURE III AFFIDAVIT OF CW2 DATED 7.2.2021 EXPRESSING HIS UNEQUIVOCAL CONSENT TO QUASH THE CRIMINAL PROCEEDINGS AGAINST THE PETITIONERS.

ANNEXURE III AFFIDAVIT OF CW3 DATED 7.2.2021 EXPRESSING HIS UNEQUIVOCAL CONSENT TO QUASH THE CRIMINAL PROCEEDINGS AGAINST THE PETITIONERS.

RESPONDENT'S EXHIBITS:

TRUE COPY P.A. TO JUDGE