Akhil vs State Of Kerala
2021 Latest Caselaw 2302 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

   WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942

                       Crl.MC.No.122 OF 2021(E)

 AGAINST THE JUDGMENT IN SC 949/2020 OF DISTRICT COURT & SESSIONS
                        COURT,TRIVANDRUM

AGAINST THE JUDGMENT IN CP 43/2020 OF JUDICIAL MAGISTRATE OF FIRST
                   CLASS, ATTINGAL (TEMPORARY)

      CRIME NO.1877/2017 OF Chirayinkeezhu Police Station ,
                        Thiruvananthapuram


PETITIONERS:

      1        AKHIL
               AGED 37 YEARS
               S/O.ASHOKAN, ASHOKA NILAYATHIL, PARAYATHUKONAM DESOM,
               KIZHUVILAM VILLAGE, THIRUVANANTHAPURAM DISTRICT - 695
               304.

      2        SURENDRAN
               AGED 74 YEARS
               S/O.KRISHNAN, SS BHAVAN, AMMACHIMUKKU, MAMOM DESOM,
               ATTINGAL VILLAGE, THIRUVANANTHAPURAM DISTRICT - 695
               101.

               BY ADV. SRI.P.ANOOP (MULAVANA)

RESPONDENTS:

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

      2        ASHOKAN
               AGED 56 YEARS
               S/O.SUKUMARAN, S.P.BHAVAN, PARAYATHUKONAM DESOM,
               KIZHUVILAM VILLAGE, THIRUVANANTHAPURAM DISTRICT - 695
               304.

               R2 BY ADV. A.CHANDRA BABU

               PP T.R.RENJITH

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crmc 122/2021                      2

                              V.G.ARUN, J.

                ===========================
                       Crl.M.C.No.122 of 2021
                ===========================
                   Dated this the 20th of January, 2021

                                ORDER

Petitioners are the accused in Crime No.1877 of 2017

registered at the Chirayinkil Police Station for the offences

punishable under Section 324, 323, 506(i) and 34 of IPC, now

pending as S.C.No.949 of 2020 on the file of Sessions Court,

Thiruvananthapuram. The de facto complainant at whose instance

the crime was registered is the 2 nd respondent. Annexure A2

affidavit has been filed by the 2nd 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 2nd 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 S.C.No.949 of 2020 on the file of Sessions

Court, Thiruvananthapuram is quashed.

Sd/-

V.G.ARUN JUDGE

lgk

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE FINAL REPORT IN SC 949/2020 OF SESSIONS COURT, THIRUVANANTHAPURAM (CP 43/2020 OF JFMC-III, ATTINGAL) ARISING FROM CRIME NO.1877/2017 OF CHIRAYINKAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT.

ANNEXURE A2 TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT.