Kerala High Court
Jamsheer.T.M. vs The State Of Kerala on 15 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942
Crl.MC.No.5696 OF 2020(B)
AGAINST THE JUDGMENT IN CC 1327/2019 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -II, KANNUR
CRIME NO.452/2019 OF Kannur City Police Station , Kannur
PETITIONER/ACCUSED:
1 JAMSHEER.T.M.,AGED 36 YEARS
S/O. JAMAL B.V, RESIDING AT BAITHUL JAMSHI,
NALUVAYAL, BANGALI MMOHALLA, SNEHATHEERAM,
P.O KANNUR CITY, KANNU, PIN 670 003
2 O.NOORUDHEEN,AGED 40 YEARS
S/O.A BDULLA HAJI, RAMIAS, K.T WARD,
P.O KANNUR CITY, KANNUR, PIN 670 003
3 FASEEM,AGED 24 YEARS
S/O. ABDULLA, K T HOUSE, KANNUR CITY , P.O THAYYIL,
KANNUR DISTRICT, PIN 670 003
4 SAVAD,S/O. ABOOBACKER, C.H BEEVI NIVAS,
KANNUR CITY, NEAR TAXI STAND, KANNUR 670 011
BY ADV. SRI.ABDUL RAOOF PALLIPATH
RESPONDENT/STATE AND DE FACTO COMPLAINANT:
1 THE STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM 682 031
2 THE STATION HOUSE OFFICER
KANNUR CITY POLICE STATION, KANNUR 670 011
3 RIZWIN NOORUDEEN.A,AGED 24 YEARS
S/O. NOORUDEEN, CHELLINDAVITA, RESIDING AT AYSHA
MAZIL, NEAR OLD KSEB, CHIRAKAL KULAM, P.O KANNUR
CITY, KANNUR 670 003
R3 BY ADV. RAJ CAROLIN V.
PP T.R.RENJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 15th day of January 2021
Petitioners are the accused in Crime
No.452/2019 registered at the Kannur City Police
Station for offences punishable under Sections 323,
324 and 506(i) r/w 34 of IPC, now pending as
C.C.No.1327/2019 on the files of the Judicial First
Class Magistrate Court-II, Kannur. The de facto
complainant, at whose instance the crime was
registered, is arrayed as the 3rd respondent.
Annexure-2 affidavit has been filed by 3rd
respondent 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
Crl.MC.No.5696 OF 2020(B) ..3..
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 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.
Crl.MC.No.5696 OF 2020(B) ..4..
In the result, this Crl.M.C is allowed. The
proceedings in C.C.No.1327/2019 on the files of the
Judicial First Class Magistrate Court-II, Kannur is
quashed.
Sd/-
V.G.ARUN
SB/15/01/2021 JUDGE
Crl.MC.No.5696 OF 2020(B) ..5..
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE 1 TRUE COPY OF THE FINAL REPORT IN
CRIME NO. 452/2019 OF KANNUR CITY
POLICE STATION KANNUR
ANNEXURE 2 TRUE COPY OF THE AFFIDAVIT SWORN BY
THE 3RD RESPONDENT DATED 7-2-2020
//true copy// P.A to Judge
