Jayan vs State Of Kerala
2021 Latest Caselaw 1851 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

     MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942

                       Crl.MC.No.5617 OF 2020(B)

      AGAINST THE JUDGMENT IN CC 218/2018 OF CHIEF JUDICIAL
                      MAGISTRATE ,THRISSUR

          CRIME NO.699/2018 OF West Police Station , Thrissur


PETITIONER/ACCUSED:

               JAYAN, AGED 47 YEARS
               THEKKETHARA HOUSE, MAILIPADAM, THRISSUR EAST,
               THRISSUR DISTRICT 680 020

               BY ADV. SRI.NIDHI BALACHANDRAN

RESPONDENT/COMPLAIANT AND STATE:

      1        STATE OF KERALA
               REPRESENTED BY THE PUBLIC PROSECUTOR,
               HIGH COURT OF KERALA, ERNAKULAM PIN 682 035

      2        SIVADASAN, AGED 56 YEARS
               S/O. SANKARANKUTTY, NELLUVA HOUSE,
               NEAR THIRUVANATH TEMPLE, AYYANTHOL,
               THRISSUR PIN 680 003

               R2 BY ADV. SABU GEORGE

OTHER PRESENT:

               SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.5617 OF 2020(B)           ..2..




                                ORDER

Dated this the 18th day of January 2021

Petitioner is the accused in Crime No.699/2018

registered at the Thrissur West Police Station for

offences punishable under Sections 406 and 420 of

IPC, now pending as C.C.No.218/2018 on the files of

the Chief Judicial Magistrate Court, Thrissur. The de

facto complainant, at whose instance the crime was

registered, is arrayed as the 2nd respondent.

Annexure-A2 affidavit has been filed by 2nd

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 petitioner.

2. Heard the learned Public Prosecutor also,

who, on instructions, submits that the petitioner has Crl.MC.No.5617 OF 2020(B) ..3..

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 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.5617 OF 2020(B) ..4..

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

proceedings in C.C.No.218/2018 on the files of the

Chief Judicial Magistrate Court, Thrissur is quashed.

Sd/-

                                       V.G.ARUN
     SB/18/01/2021                       JUDGE
 Crl.MC.No.5617 OF 2020(B)           ..5..




                            APPENDIX
     PETITIONER'S/S EXHIBITS:

     ANNEXURE A1       TRUE COPY OF THE FIR IN CRIME NO.
                       699/18 OF THRISSUR WEST POLICE
                       STATION

     ANNEXURE A2       TRUE COPY OF THE AFFIDAVIT SWORN BY
                       THE 2ND RESPONDENT

                    //true copy//     P.A to Judge