Sam Santhosh vs Anuroop Joseph @ Anoop
2021 Latest Caselaw 1855 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.72 OF 2021(H)

AGAINST THE ORDER/JUDGMENT IN CP 37/2020 OF JUDICIAL MAGISTRATE OF
                    FIRST CLASS,CHANGANACHERRY

   CRIME NO.2494/2019 OF CHANGANASSERY POLICE STATION, KOTTAYAM


PETITIONER/ACCUSED NO.2:

             SAM SANTHOSH
             AGED 20 YEARS
             S/O. SANTHOSH ANTONY, MULLARAMUNDACKAL HOUSE,
             VEGETABLE MARKET BHAGOM, CHANGANACHERRY P.O.
             KOTTAYAM DISTRICT
             PIN- 686 101

             BY ADV. SMT.M.SANTHI (K/868/2011)

RESPONDENTS/DEFACTO COMPLAINANT AND STATE:

      1      ANUROOP JOSEPH @ ANOOP,
             AGED 36 YEARS
             S/O. JOSEPH ANTONY, ELANJIPPARAMBIL HOUSE,
             CHANGANACHERRY MARKET AREA, VAZHAPPALLY EAST VILLAGE,
             CHANGANACHERRY P.O. KOTTAYAM DISTRICT
             PIN-686 101

      2      STATE OF KERALA,
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNKULAM
             PIN-682 031

             R1 BY ADV. M.P.MADHAVANKUTTY

OTHER PRESENT:

             PP T.R.RENJITH

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.72 OF 2021
                                  2




                            O R D E R

Dated this the 18th day of January 2021

Petitioner is the 2nd accused in Crime

No.2494/2019 registered at the

Changanacherry Police Station, Kottayam for

offences punishable under Sections 341, 324,

294(b), 308 read with Section 34 of IPC, now

pending as C.P.No.37/2020 on the files of

the Judicial First Class Magistrate Court-1,

Changanacherry. It is reported that the 1st

accused in Crime No.2494/2019 is no more.

The de facto complainant, at whose instance

the crime was registered, is arrayed as the

1st respondent. Annexure-II affidavit has

been filed by 1st 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 CRL.M.C.NO.72 OF 2021

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 1st 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 CRL.M.C.NO.72 OF 2021

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 Crime No.2494/2019 of

Changanacherry Police Station and C.P.No.

37/2020 on the files of the Judicial First

Class Magistrate Court-1,Changanacherry is

quashed.

Sd/-

V.G.ARUN JUDGE NB CRL.M.C.NO.72 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE I THE CERTIFIED COPY OF THE FINAL REPROT IN C.P. NO. 37/2020 DATED 27.02.2020 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT I, CHANGANACHERRY IN CRIME NO. 2494/2019

ANNEXURE II THE TRUE COPY OF THE AFFIDAVIT DATED 23.12.2020 SWORN BY THE 1ST RESPONDENT