Tubin vs State
2021 Latest Caselaw 1547 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.5550 OF 2020(C)

AGAINST THE JUDGMENT IN SC 1469/2018 OF SUB COURT, KARUNAGAPPALLY

    CRIME NO.2749/2016 OF Sasthamcotta Police Station, Kollam


PETITIONERS:

      1        TUBIN
               AGED 24 YEARS
               S/O. USHA, TUBIN NIVAS, RAJAGIRI, MANAKKARA MURI,
               SASTHAMCOTTAH P.O, KOLLAM-690 520

      2        ULLAS,
               AGED 26 YEARS
               S/O. SIMON, ALAYAM VEEDU, RAJAGIRI, MANAKKARA MURI,
               SASTHAMCOTTAH P.O, KOLLAM-690 520

      3        ARUN,
               AGED 26 YEARS
               S/O. ANTONY, ARUN BHAVANAM, RAJAGIRI, MANAKKARA MURI,
               SASTHAMCOTAH P.O, KOLLAM-690 520

      4        AKHIL ALFRED,
               AGED 26 YEARS
               S/O. ALFRED, AMGITHA NIVAS, RAJAGIRI, MANAKKARA MURI,
               SASTHAMCOTTAH P.O, KOLLAM-690 520

               BY ADV. SRI.B.MOHANLAL

RESPONDENTS:

      1        STATE
               REPRESENTEDBY THE PUBLIC PROSECUTOR, HIGH COURT OF
               KERALA, ERNAKULAM, KOCHI-682 031

      2        THE STATION HOUSE OFFICER,
               SASTHAMCOTTAH POLICE STATION, SASTHAMCOTTAH P.O,
               KOLLAM-690 520

      3        SRI. JOHN ANTO DIAS,
               S/O. FRANCIS HERBERT, EDATHUNDIL, ANJILIMOODU,
               MANAKKARA MURI, SASTHAMCOTTAH P.O, SASTHAMCOTTAH
               VILLAGE, KOLLAM-690 520
 Crmc 5550/2020                     2

                 R3 BY ADV. A.SANIL KUMAR


                 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 5550/2020                       3




                                   V.G.ARUN, J.

                 ===========================
                         Crl.M.C.No.5550 of 2020
                 ===========================
                   Dated this the 14th day of January, 2021


                                  ORDER

Petitioners are the accused in Crime No.2749 of 2016

registered at the Sasthamcotta Police Station for the offence

punishable under Sections 294(b), 341, 323, 324, 308 r/w 34

IPC, now pending as S.C.No.1469 of 2018 of Sub Court,

Karunagappally. The injured/de facto complainant (CW1) is no

more. CW2 is his brother, who was also injured in the incident.

CW2, who is the 3rd respondent, has filed Annexure A3 affidavit

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 3rd 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

S.C.No.1469 of 2018 of Sub Court, Karunagappally is quashed.

Sd/-

V.G.ARUN JUDGE

lgk

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 THE TRUE COPY OF THE FIR AND FIS IN CRIME NO. 2749/2016 OF SASTHAMCOTTA POLICE STATIION IN KOLLAM DISTRICT.

ANNEXURE A2 THE TRUE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 2749/2016 OF SASTHAMCOTTA POLICE STATION IN KOLLAM DISTRICT PENDING AS S.C. 1469/2018 ON THE FILE OF THE ASSISTANT SESSIONS COURT, KARUNAGAPPALLY.

ANNEXURE A3 THE ORIGINAL COPY OF THE AFFIDAVIT DATED 18.11.2020 FILED BY THE 3RD RESPONDENT BEFORE THE HON'BLE COURT.

ANNEXURE A4 THE TRUE COPY OF THE DEATH CERTIFICATE OF SRI. JOHN ROSE DATED 07.08.2020 ISSUED BY THE REGISTRAR OF BIRTH AND DEATH, ANAKKARA GRAMA PANCHAYATH, PALAKKAD.