Kerala High Court
Muhammed Nabeel vs The State Of Kerala on 18 January, 2021
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.5475 OF 2020(D)
AGAINST THE JUDGMENT IN ST 5/2020 OF GRAMA NYAYALAYA,PULAMANTHOLE,
PERINTALMANNA.
CRIME NO.205/2018 OF Melattur Police Station , Malappuram
PETITIONER/ACCUSED:
MUHAMMED NABEEL
AGED 22 YEARS
S/O. ABDUL MUSADIQ, PALLIYALTHODI HOUSE, MULLAKURSHI,
PATTIKAD, PERINTHALMANNA-679325.
BY ADV. SRI.E.C.AHAMED FAZIL
RESPONDENT/STATE, COMPLAINANT AND VICTIMS:
1 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031.
2 THE SUB INSPECTOR OF POLICE,
MELATTUR POLICE STATION, MALAPPURAM DISTRICT-679339.
3 HARIDAS K.,
S/O. NARAYANAN, KOKKATTIL HOUSE, MULLIYAKURSHI,
PATTIKAD POST, PERINTHALMANNA TALUK, MALAPPURAM-
679325.
R3 BY ADV. NIYAS MOHAMMED
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.5475 OF 2020(D) ..2..
ORDER
Dated this the 18th day of January 2021
Petitioner is the accused in Crime No.205/2018
registered at the Melattur Police Station for offences
punishable under Sections 323 and 448 of IPC, now
pending as S.T.No.5/2020 on the files of the Gram
Nyayalaya, Pulamanthole, Perinthalmanna. The de
facto complainant, at whose instance the crime was
registered, is arrayed as the 3rd respondent. Annexure-
A2 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,
Crl.MC.No.5475 OF 2020(D) ..3..
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
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.5475 OF 2020(D) ..4..
In the result, this Crl.M.C is allowed. The
proceedings in S.T.No.5/2020 on the files of the Gram
Nyayalaya, Pulamanthole, Perinthalmanna is
quashed.
Sd/-
V.G.ARUN
SB/18/01/2021 JUDGE
Crl.MC.No.5475 OF 2020(D) ..5..
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF FINAL REPORT IN
CRIME NO. 205/2018 OF MELATTUR POLICE
STATION, MALAPPURAM DISTRICT.
ANNEXURE A2 AFFIDAVIT SWORN IN BY 3RD RESPONDENT.
//true copy// P.A to Judge
