Akshay @ Muthu vs State Of Kerala
2021 Latest Caselaw 1857 Ker

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

                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.1 OF 2021(A)

            AGAINST THE ORDER/JUDGMENT IN SC 974/2016 OF SUB
                          COURT,NEYYATTINKARA

 CRIME NO.855/2015 OF PARASSALA POLICE STATION, THIRUVANANTHAPURAM


PETITIONER/SOLE ACCUSED:

        1       AKSHAY @ MUTHU
                AGED 25 YEARS
                S/O SIVA PRASAD, DEEPA NIVAS, CHAMAVILA, KODAVILAKOM,
                PARASSALA P.O., THIRUVANANTHAPURAM-695 502

                BY ADV. SRI.S.NIKHIL SANKAR

RESPONDENTS:COMPLAINANT/STATE/INJURED:

        1       STATE OF KERALA
                REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
                ERNAKULAM-682 031, REPRESENTING STATION HOUSE
                OFFICER, PARASSALA POLICE STATION,THIRUVANANTHAPURAM
                DISTRICT-695 502

        2       SYAM T.,
                AGED 35 YEARS
                S/O THANKASWAMY, SREESYLAM, BHASKAR NAGAR, NALLUVILA,
                KODAVILAKOM, PARASSALA P.O,
                THIRUVANANTHAPURAM-695 502

                R2 BY ADV. MANSOOR.B.H.

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.1 OF 2021

                                        2




                                 O R D E R

Dated this the 18th day of January 2021

Petitioner is the accused in Crime

No.855/2015 registered at the Parassala

Police Station, Thiruvananthapuram for

offences punishable under Sections 341, 324,

and 308 of IPC, now pending as

S.C.No.974/2016 on the files of the

Assistant Sessions Court, Neyyattinkara. The

de facto complainant, at whose instance the

crime was registered, is arrayed as the 2nd

respondent. Annexure-B 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 CRL.M.C.NO.1 OF 2021

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, 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 CRL.M.C.NO.1 OF 2021

the relief sought.

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

The proceedings in S.C.No.974/2016 on the

files of the Assistant Sessions Court,

Neyyattinkara is quashed.

Sd/-

V.G.ARUN JUDGE NB CRL.M.C.NO.1 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A TRUE COPY OF THE FINAL REPORT IN CRIME NO.

855/2015 OF PARASSALA POLICE STATION

ANNEXURE B AFFIDAVIT DULY SIGNED AND NOTARIZED EVIDENCING SETTLEMENT OF DISPUTES BETWEEN PARTIES DATED 23.12.2020