Muhammed Muhzin vs State Of Kerala
2021 Latest Caselaw 1546 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

    THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942

                       Crl.MC.No.5344 OF 2020(G)

  AGAINST THE JUDGMENT IN CC 1560/2019 OF JUDICIAL MAGISTRATE OF
                   FIRST CLASS -III, NEDUMANGAD

          CRIME NO.1756/2017 OF Venjaramoodu Police Station ,
                           Thiruvananthapuram

PETITIONERS:

      1        MUHAMMED MUHZIN
               AGED 26 YEARS
               S/O ABDUL SALAM, BUSHRA MANZIL, OZHUKUPARA,
               KUTHIRAKULAM P.O.MANIKAL VILLAGE, THIRUVANANTHAPURAM
               DISTRICT -695 615.

      2        ANSARI,
               AGED 24 YEARS
               S/O ABDUL AZEEZ, P.K.HOUSE, OZHUKUPARA, KUTHIRAKULAM
               P.O.MANIKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT-695
               615.

      3        HASSAN @ KUKKU,
               AGED 25 YEARS
               S/O ABDUL HAKKIM, THADATHARIKATH PUTHEN VEEDU,
               EENTHIKADU, KUTHIRAKULAM P.O.MANIKAL VILLAGE,
               THIRUVANANTHAPURAM DISTRICT-695 615.

      4        ANVAR,
               AGED 29 YEARS
               S/O ABDUL RASHEED, MUTTAYAM HOUSE, OZHUKUPARA,
               KUTHIRAKULAM P.O.MANIKAL VILLAGE, THIRUVANANTHAPURAM
               DISTRICT-695 615.

      5        AL AMEEN,
               AGED 24 YEARS
               S/O ABDUL SALAM, CHIRAYIL THADATHARIKATH VEEDU,
               OZHUKUPARA, KUTHIRAKULAM P.O.MANIKAL VILLAGE,
               THIRUVANANTHAPURAM DISTRICT-695 615.

               BY ADV. SRI.M.ABDUL RASHEED

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
 Crmc 5344/2020                     2

                 KERALA, HIGH COURT P.O, ERNAKULAM-682 031.

       2         SANTHOSH KUMAR
                 AGED 38 YEARS
                 S/O BHASKARAN, CHINNAMMA SADANAM, MENAMKOTU KONAM,
                 VEMPAYAM DESOM, MANIKAL VILLAGE, VENJARAMOODU
                 P.O.THIRUVANANTHAPURAM-695 607.

       3         SUB INSPECTOR OF POLICE,
                 VENJARAMOODU POLICE STATION, VENJARAMOODU
                 P.O.THIRUVANANTHAPURAM-695 607.

                 R2 BY ADV. K.NIRMALAN



                 PP T.R.RENJITH

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crmc 5344/2020                       3

                                   V.G.ARUN, J.

                 ===========================
                         Crl.M.C.No.5344 of 2020
                 ===========================
                   Dated this the 14th day of January, 2021


                                  ORDER

Petitioners are the accused in Crime No.1756 of 2017

registered at the Venjaramoodu Police Station for the offence

punishable under Sections 143, 144, 147, 148,149, 294(b),

506(ii), 323, 452 of IPC r/w Section 27 of Arms Act, now

pending as C.C.No.1560 of 2019 of Judicial First Class Magistrate

-III, Nedumangad. The de facto complainant at whose instance

the crime was registered is the 2nd respondent. Annexure A2 has

been filed by the 2nd respondent, stating that the dispute has

been settled and that 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 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.C.No.1560 of 2019 of Judicial First Class Magistrate -III,

Nedumangad is quashed.

Sd/-

V.G.ARUN JUDGE

lgk

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE CHARGE SHEET AGAINST THE PETITIONERS IN C.C. NO 1560/2019 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT (FOR THE TRIAL OF FOREST OFFENCES), NEDUMANGAD.

ANNEXURE A2 ORIGINAL AFFIDAVIT SWORN BY 2ND RESPONDENT/INJURED DATED 30.10.2020