Kerala High Court
M.G.Vineeth vs 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.169 OF 2021(A)
AGAINST THE FINAL REPORT IN LPC 36/2018 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -I, KANNUR
CRIME NO.835/2012 OF Kannapuram Police Station , Kannur
PETITIONER/ACCUSED:
M.G.VINEETH
AGED 31 YEARS
S/O GANGADHARAN, NELLIYODAN HOUSE, KALLIASSERI AMSOM,
IRINAVU, KANNUR DISTRICT.
BY ADVS.
SRI.K.N.ABHILASH
SRI.SUNIL NAIR PALAKKAT
RESPONDENT/STATE AND DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM-682030.
2 A.P.KIRAN
S/O DIVAKARAN,
MALARVALLIKUDY HOUSE, KATTIYAM, AROLI, PAPPINESSERY,
KANNUR DISTRICT, PIN-670561.
3 THE STATION HOUSE OFFICER
KANNAPURAM POLICE STATION, KANNUR DISTRICT, PIN-
670301.
R2 BY ADV. JACOB SEBASTIAN
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:
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ORDER
Dated this the 18th day of January 2021
Petitioner is the accused in Crime No.835/2012
registered at the Kannapuram Police Station for
offences punishable under Sections 143, 147, 148,
341, 323 and 324 r/w 149 of IPC, now pending as
L.P.C.No.36/2018 on the files of the Judicial First
Class Magistrate Court-I, Kannur. The case was
originally numbered as C.C.No.491/2013. As per
Annexure-A3 judgment, all accused except the
petitioner was acquitted. The case against the
petitioner was split up and re-numbered as
L.P.C.No.36/2018. The de facto complainant, at
whose instance the crime was registered, is arrayed
as the 2nd respondent. Annexure-A4 affidavit has
been filed by 2nd respondent stating that the reason
Crl.MC.No.169 OF 2021(A) ..3..
for the incident, which led to 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
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, and acquittal of
the co-accused, 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
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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.
In the result, this Crl.M.C is allowed. The
proceedings in L.P.C.No.36/2018 on the files of the
Judicial First Class Magistrate Court-I, Kannur is
quashed.
Sd/-
V.G.ARUN
SB/18/01/2021 JUDGE
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE-A1 THE TRUE COPY OF THE FIR NO.835/2012
DATED 14.12.2012 OF KANNAPURAM
POLICE STATION, KANNUR DISTRICT.
ANNEXURE-A2 THE CERTIFIED COPY F THE FINAL
REPORT DATED 20.01.2013 IN LPC NO.
36/2018 ON THE FILES OF THE M JFCM,
KANNUR DISTRICT.
ANNEXURE-A3 THE TRUE COPY OF THE JUDGMENT DATED
13.01.2016 IN CC NO.491/2013 ON THE
FILES OF JFCM-1, KANNUR, KANNUR
DISTRICT.
ANNEXURE-A4 THE AFFIDAVIT DATED 30.12.2020
ISSUED BY THE 2ND RESPONDENT.
//true copy// P.A to Judge
