Aneesh Joseph vs State Of Kerala
2021 Latest Caselaw 1132 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

    TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

                      Crl.MC.No.5658 OF 2020(F)

AGAINST THE JUDGMENT IN CP 26/2020 OF JUDICIAL MAGISTRATE OF FIRST
                     CLASS-I, CHANGANACHERRY

  CRIME NO.2495/2019 OF Changanassery Police Station , Kottayam

PETITIONERS:

      1        ANEESH JOSEPH
               AGED 39 YEARS
               S/O. JOSEPH ANTONY, ILANJIPARAMBIL HOUSE, VEGITABLE
               MARKET BHAGOM, VAZHAPPALLY EAST VILLAGE,
               CHANGANACHERRY P.O., KOTTAYAM DISTRICT, PIN-686 101.

      2        VARGHESE JOSEPH
               AGED 26 YEARS
               S/O. JOSEPH SEBASTIAN, ILANJIPARAMBIL HOUSE,
               VEGITABLE MARKET BHAGOM, VAZHAPPALLY EAST VILLAGE,
               CHANGANACHERRY P.O., KOTTAYAM DISTRICT, PIN-686 101.

      3        ANOOP @ ANUROOP JOSEPH
               AGED 35 YEARS
               S/O. JOSEPH ANTONY, ILANJIPARAMBIL HOSUE, VEGITABLE
               MARKET BHAGOM, VAZHAPPALLY EAST VILLAGE,
               CHANGANACHERRY P.O., KOTTAYAM DISTRICT, PIN-686 101.

               BY ADV. SRI.M.P.MADHAVANKUTTY

RESPONDENTS:

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

      2        SAM SANTHOSH
               AGED 20 YEARS
               S/O. SANTHOSH ANTONY, MULLARAMUNDACKAL HOUSE, FISH
               MARKET BHAGOM, CHANGANACHERRY P.O., KOTTAYAM
               DISTRICT, PIN-686 101.

             R2 BY ADV. M.SANTHI (K/868/2011)
             PP T.R.RENJITH
     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crmc 5658/2020                       2

                                   V.G.ARUN, J.

                 ===========================
                         Crl.M.C.No.5658 of 2020
                 ===========================
                   Dated this the 12th day of January, 2021


                                  ORDER

Petitioners are the accused in Crime No.2495 of 2019

registered at the Changanassery Police Station for the offence

punishable under Sections 341, 324, 294(b), 308 r/w 34 of IPC,

now pending as C.P.No.26 of 2020 of Judicial First Class

Magistrate-I, Changanassery. The de facto complainant at whose

instance the crime was registered is the 2 nd respondent.

Annexure II affidavit has been filed by the 2nd respondent,

stating that the dispute has been settled and that he has no

subsisting grievance against the petitioners. It is submitted that

CW2, who was also an injured person, is no more.

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 contents of which are submitted to be

true and voluntary, I am satisfied that the dispute is settled and

that 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.

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

C.P.No.26 of 2020 of Judicial First Class Magistrate-I,

Changanassery is quashed.

Sd/-

V.G.ARUN JUDGE

lgk

APPENDIX

PETITIONER'S/S EXHIBITS:

ANNEXURE 1 THE TRUE COPY OF THE FINAL REPORT DATED 27.2.2020 SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, CHANGANACHERRY.

ANNEXURE II THE TRUE COPY OF THE AFFIDAVIT DATED 7.12.2020 SWORN BY THE 2ND RESPONDENT.