Jithinraj K.S vs State Of Kerala
2021 Latest Caselaw 1856 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.23 OF 2021(C)

AGAINST THE ORDER/JUDGMENT IN CC 2129/2017 OF JUDICIAL MAGISTRATE
                    OF FIRST CLASS -I,HOSDRUG

      CRIME NO.494/2017 OF CHANDERA POLICE STATION, KASARGOD


PETITIONERS/ACCUSED:

      1      JITHINRAJ K.S.
             AGED 22 YEARS
             S/O. KUNHIKANNAN, MUNDAVALAPPIL HOUSE, ANIKKADI,
             KOTTAKKAD VILLAGE, KASARAGOD - 671 121

      2      ABHIN T.S,
             AGED 22 YEARS
             S/O. PRAKASHAN, THYKANDI HOUSE, POOVOD, THALIKUND
             VILLAGE, KANNUR - 670 571

      3      ABHIRAM M,
             AGED 22 YEARS
             S/O. PAVITHRAN, KAMMADATHI HOUSE, PALIYERI,
             KARIVELLUR VILLAGE, KASARAGOD - 671 310

      4      SHYAM RAJ E.T,
             AGED 25 YEARS
             S/O. RAJEEVAN K, SHYAM NIVAS, CHERUVATHUR VILLAGE,
             KANHANGAD P.O, KASARAGOD - 671 321

      5      SARATHLAL V,
             AGED 22 YEARS
             S/O. SEKHARAN, VAYALIL HOUSE, MADIKKARA, CHERUVATHUR
             VILLAGE, KANHANGAD P.O, KASARAGOD - 671 321

      6      VYSAKH A.V,
             AGED 23 YEARS
             S/O. ASOKAN, ADUTHILA VAYALAPPRA HOUSE, PAZHAYANGADI,
             PAZHAYANGADI VILLAGE, KANNUR - 670 303

      7      ADARSH P
             AGED 22 YEARS
             S/O. PRAKASHAN, ARIPPATT HOUSE, KANNOM, PAZHAYANGADI,
             KANNUR - 670 303

             BY ADV. SRI.P.K.SUBHASH
 CRL.M.C.NO.23 OF 2021
                                    2


RESPONDENTS/DEFACTO COMPLAINANT/STATE:

       1       STATE OF KERALA
               REPRESENTED BY PUBLIC PROSECUTOR,
               HIGH COURT OF KERALA, ERNAKULAM - 682 031

       2       MUHAMMED SIRAJ K.M.,
               AGED 22 YEARS
               S/O. KHALID K.M, RESIDING AT KALIPPALLAM HOUSE,
               KANATHOOR, MADIYERI VILLAGE, KASARAGOD TALUK,
               KASARAGOD DISTRICT - 671 315

       3       MUSABIR A.G.,
               AGED 22 YEARS
               S/O. ASSAINAR, RESIDING AT SHAFEENA MANZIL,
               KAKKUNNAM, WEST TRIKKARIPUR (V), HOSDURG TALUK,
               KASARAGOD DISTRICT - 671 315

               R2-3 BY ADV. S.ANU

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.M.C.NO.23 OF 2021
                                       3




                                O R D E R

Dated this the 18th day of January 2021

Petitioners are accused Nos. 1 to 7 in

Crime No.494/2017 registered at the Chandera

Police Station, Kasargod for offences

punishable under Sections 143, 147, 148,

341, 323, 324 read with Section 149 of IPC,

now pending as C.C.No.2129/2017 on the files

of Judicial First Class Magistrate-I,

Hosdurg. The de facto complainants, at whose

instance the crime was registered, are

arrayed as the 2nd and 3rd respondents.

Annexure-A-III and Annexure-A-IV affidavit

have been filed by 2nd and 3rd respondents

stating that the dispute, which was the

reason for the incident and registration of

the crime, have been resolved amicably and

they have no subsisting grievance against CRL.M.C.NO.23 OF 2021

the petitioners.

2. Heard the learned Public Prosecutor

also, who, 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 2nd and 3rd respondents, 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. That the

petitioners were students, when the incident

occurred is also taken into consideration.

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 CRL.M.C.NO.23 OF 2021

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 C.C.No.2129/2017 on the

files of Judicial First Class Magistrate-I,

Hosdurg is quashed.

Sd/-

V.G.ARUN JUDGE NB CRL.M.C.NO.23 OF 2021

APPENDIX PETITIONERS'S EXHIBITS:

ANNEXURE AI A TRUE COPY OF THE FIR IN CRIME NO. 494 OF 2017 OF CHANDERA POLICE STATION, KASARAGOD

ANNEXURE II A TRUE COPY OF THE FINAL REPORT

ANNEXURE AIII A TRUE COPY OF THE AFFIDAVIT OF THE 2ND RESPONDENT

ANNEXURE AIV A TRUE COPY OF THE AFFIDAVIT OF THE 3RD RESPONDENT