Kerala High Court
Ajun Augastin 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.5402 OF 2020(E)
AGAINST THE ORDER/JUDGMENT IN CC 2122/2017 BEFORE THE JUDICIAL
FIRST CLASS MAGISTRATE COURT -V, Thiruvananthapuram
CRIME NO.1248/2017 OF Thumba Police Station, Thiruvananthapuram
PETITIONER/ACCUSED:
AJUN AUGASTIN,
AGED 28 YEARS
S/O. AUGUSTIN, ANU COTTAGE,
SOUTH THUMBA JUNCTION,
POUNDKADAVU WARD, ATTIPRA VILLAGE, THUMBA,
THIRUVANANTHAPURAM, KERALA-695 021.
BY ADVS.
SRI.ARUN CHAND
SHRI.THAREEQ ANVER
KUM.K.SALMA JENNATH
SHRI.JAI GOVIND M.J.
SHRI.ANANDU R.
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
2 SUB INSPECTOR OF POLICE
THUMBA POLICE STATION,
THIRUVANANTHAPURAM, KERALA-695 583.
3 ATHUL RAJ
AGED 24 YEARS
S/O. RAJENDRAN, RESIDING AT QUARTRS NO.VII/VSSC
HOUSING COLONY, , PALLITHURA ROAD,
ATTIPRA VILLAGE, THIRUVANANTHAPURAM-695 586.
R3 BY ADV. R.N.SANDEEP
R1 -R2 BY SHRI.DHANIL M. RAVINDRAN, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.5402 OF 2020(E)
2
V.G.ARUN, J.
==================
Crl.M.C.No.5402 of 2020
===================
Dated this the 19th day of January, 2021
ORDER
Petitioner is the accused in Crime No.1248 of 2017
registered at the Thumba Police Station, Thiruvananthapuram
District for the offence punishable under Sections 294(b), 323,
and 324 of the IPC. The de facto complainant at whose instance
the crime was registered is the 3rd respondent. Annexure 3
affidavit 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
Crl.MC.No.5402 OF 2020(E)
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
Crime No.1248 of 2017 registered at the Thumba Police Station is
quashed.
Sd/-
V.G.ARUN
Sn JUDGE
Crl.MC.No.5402 OF 2020(E)
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE CERTIFIED COPY OF F.I.R IN CRIME
NO.1248/2017 OF THUMBA POLICE STATION,
THIRUVANANTHAPURAM DISTRICT.
ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.1248/2017 OF THUMBA POLICE
STATION, THIRUVANANTHAPURAM DISTRICT FILED
BEFORE THE J.F.C.M-V THIRUVANANTHAPURAM.
ANNEXURE A3 THE ORIGINAL OF THE AFFIDAVIT SWORN BY THE
THIRD RESPONDENT SETTLING THE DISPUTE WITH
THE PETITIONER IN THE SAID CRIME.
RESPONDENT'S/S EXHIBITS: NIL
Sn
//TRUE COPY// PA TO JUDGE
