Moidu M vs The State Of Kerala
2021 Latest Caselaw 2124 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

    TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942

                      Crl.MC.No.5570 OF 2020(E)

  AGAINST THE JUDGMENT IN CC 210/2019 OF JUDICIAL MAGISTRATE OF
                     FIRST CLASS ,KASARAGOD

    CRIME NO.540/2018 OF VIDYA NAGAR POLICE STATION, Kasargod


PETITIONERS:

      1        MOIDU M.
               AGED 45 YEARS
               S/O.ADAM KUNHI, RESIDING AT PARAPPA HOUSE, DELAMPADY,
               PARAPPA VILLAGE AND POST, KASARAGOD TALUK, KASARAGOD
               DISTRICT.

      2        MUHAMMED B.P.
               AGED 47 YEARS
               S/O.BEERAN MOIDEEN, RESIDING AT BERKA, CHERKALA,
               CHENGALA VIA., KASARAGOD DISTRICT.

      3        JAFFER P.M.
               AGED 47 YEARS
               S/O.MOIDEEN KUNHI, RESIDING AT PARAPPA HOUSE,
               DELAMPADY, PARAPPA VILLAGE AND POST, KASARAGOD TALUK,
               KASARAGOD DISTRICT.

               BY ADV. SRI.SHAHID AZEEZ

RESPONDENTS:

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

      2        THE STATION HOUSE OFFICER
               VIDYANAGAR POLICE STATION, KASARAGOD DISTRICT - 671
               314.

      3        ASHRAF C.A.
               AGED 42 YEARS, S/O.ABDULLA, RESIDING AT BANATHIL
               HOUSE, CHERKALA, CHENGALA VILLAGE AND POST, KASARAGOD
               DISTRICT - 671 121.

               R3 BY ADV. T.MADHU
 Crmc 5570/2020                     2




                 PP DHANIL M.RAVINDRAN

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crmc 5570/2020                       3

                                   V.G.ARUN, J.

                 ===========================
                         Crl.M.C.No.5570 of 2020
                 ===========================
                   Dated this the 19th day of January, 2021


                                  ORDER

Petitioners are the accused in Crime No.540 of 2018

registered at the Vidyanagar Police Station for the offence

punishable under Sections 448, 323, 324, 506 r/w 34 of IPC ,

now pending as C.C.No.210 of 2019 of Judicial First Class

Magistrate -I, Kasargod. The de facto complainant at whose

instance the crime was registered is the 3 rd respondent. Annexure

A3 has been filed by the 3 rd respondent, stating that the dispute

has been settled and that he has no subsisting grievance against

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 3rd respondent, the contents of which are submitted to be

true and voluntary, I am satisfied that the dispute is settled and

that 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.

4. In the result, this Crl.M.C is allowed. The proceedings in

C.C.No.210 of 2019 of Judicial First Class Magistrate -I, Kasargod

is quashed.

Sd/-

V.G.ARUN JUDGE

lgk

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 THE TRUE COPY OF THE FIR DATED 13/12/2018 IN CRIME NO.540/2018 OF VIDYANAGAR POLICE STATION.

ANNEXURE A2 THE TRUE CERTIFIED COPY OF THE FINAL REPORT DATED 24/12/2018 IN CRIME NO.540/2018 OF VIDYANAGAR POLICE STATION, KASARAGOD DISTRICT.

ANNEXURE A3 THE AFFIDAVIT DATED 20/11/2020 SWORN IN BY THE THIRD RESPONDENT.