Kerala High Court
Harikrishnan vs State Of Kerala on 19 January, 2021
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.5549 OF 2020(C)
AGAINST THE JUDGMENT IN CP 15/2019 OF SPECIAL COURT OF JUDICIAL
MAGISTRATE OF FIRST CLASS FOR TRIAL OF CASES U/S.138 NI ACT(JMFC
XI)
CRIME NO.1360/2019 OF Peroorkada Police Station ,
Thiruvananthapuram
PETITIONERS:
1 HARIKRISHNAN,
AGED 22 YEARS
S/O. ANILKUMAR, SHINE VILLA, N.S.S.COLLEGE ROAD,
KAIMANAM P.O.,. NEERAMANKARA,PAPPANAMKODU, NEMOM,
THIRUVANANTHAPURAM-695 040
2 ALIF MUHAMMED
AGED 21 YEARS
S/O. SAHEER, TC 53/57(1) ALHAJATH HOUSE, PUTHIYA
KARAKKAMANDAPAM, PONNUMANGALAM, NEMOM,
THIRUVANANTHAPURAM-695 019
3 GOVIND,
AGED 22 YEARS
S/O. BABU, GOWRISANKARA HOUSE, PETTAH JUNCTION,
PETTAH P.O., THIRUVANANTHAPURAM-695 024
4 PRITHVIRAJ
AGED 22 YEARS
S/O.RAJI.C.V., M.V.HOUSE, NEAR KANJIRAMVILA
KSHETHRAM, KOTTOOR , CHIRAYINKEEZHU P.O.,
THIRUVANANTHAPURAM-695 304
5 SHIVAKUMAR
AGED 22 YEARS
S/O. DAJIKUMAR, SREEVILASAM HOUSE,MLA PADI, KANAM
P.O., VAZHOOR, KOTTAYAM-686 515
6 APPU SURESH
AGED 20 YEARS
S/O. SURESH, CGRA F25, APPLY MANDIRAM HOUSE,
GURUKULAM LANE, CHEMBAZHANTHI P.O., ULIYAZHATHURA,
THIRUVANANTHAPURAM-695 587
Crmc 5549/2020 2
7 NIKHIL.M.S.
AGED 20 YEARS
S/O. MADHUSOODHANAN, SOUPARNIKA HOUSE, PATTATHIL
LANE, SREEKARYAM JUNCTION, ULLOOR
P.O.,THIRUVANANTHAPURAM-695 011
BY ADVS.
SRI.PHILIP T.VARGHESE
SRI.THOMAS T.VARGHESE
SMT.ACHU SUBHA ABRAHAM
SMT.SHRUTHI SARA JACOB
SHRI.ADHIL P.
SRI.S.SANDEEP (S-3458)
SHRI.M.SRIRAM
SHRI.SIDHARTH.R.WARIYAR
SHRI.EBEE ANTONY
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031
2 THE STATION HOUSE OFFICER
PEROORKDA POLICE STATION, THIRUVANANTHAPURAM CITY,
THIRUVANANTHAPURAM-695 005
3 VIGNESH
S/O.C.RAVINDRAN, VIGNESH BHAVAN, NEDUVANVILA P.O.,
PARASSALA VILLAGE, NEYYATTINKARA,
THIRUVANANTHAPURAM-695 502
4 BIBIN
AGED 22 YEARS
S/O. NAGENDRAN NAIR, ABIN VIHAR, EDAMUKKU JUNCTION,
CHETTACHAL, PULICHAMALA THOLICODE P.O.,
THIRUVANANTHAPRUAM-695 541
5 ROHITH
AGED 22 YEARS
S/O. AJITH KUMAR, ROHINI HOUSE, MAHADEVESWARAM,
PAZHAYAKUNNUMVEL VILLAGE, KILIMANOR P.O.,
THIRUVANANTHAPURAM-6985 601
R3-5 BY ADV. SHABEER ALI MOHAMED
SR.PP.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crmc 5549/2020 3
V.G.ARUN, J.
===========================
Crl.M.C.No.5549 of 2020
===========================
Dated this the 19th day of January, 2021
ORDER
Petitioners are the accused in Crime No.1360 of 2019
registered at the Peroorkada Police Station for the offence
punishable under Sections 143, 147, 148, 294(b), 341, 323, 324,
308 r/w 149 of IPC, now pending as C.P.No.15 of 2019 of
Judicial Magistrate of First Class- XI, Thiruvananthapuram. The
de facto complainants/injured at whose instance the crime was
registered are respondents 3, 4 and 5. Annexure A3 affidavit
has been filed by the 3rd respondent, Annexure 4 by the 4th
respondent and Annexure 5 by the 5th respondent stating that
the dispute has been settled and that they have 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 respondents 3, 4 and 5, 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
Judicial Magistrate of First Class- XI, Thiruvananthapuram is
quashed.
Sd/-
V.G.ARUN
JUDGE
lgk
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE-A1 CERTIFIED COPY OF FIRST INFORMATION REPORT
IN CRIME NO.1360/2019 OF PEROORKADA POLICE
STATION DATED 11.06.2019 ALONG WITH FIRST
INFORMATION STATEMENT
ANNEXURE-A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO.1360/2019 OF PEROORKADA POLICE STATION
DATED 14.08.2019
ANNEXURE-A3 TRUE COPY OF THE AFFIDAVIT FILED BY THE 3RD
RESPONDENT DATED 22.11.2020
ANNEXURE-A4 TRUE COPY OF THE AFFIDAVIT FILED BY THE 4TH
RESPONDENT DATED 22.11.2020
ANNEXURE-A5 TRUE COPY OF THE AFFIDAVIT FILED BY THE 5TH
RESPONDENT DATED 22.11.2020
