Poovanchery Abdul Majeed vs Abdul Latheef
2021 Latest Caselaw 235 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

    TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942

                      Crl.MC.No.5214 OF 2020(B)

AGAINST THE JUDGMENT IN CP 55/2019 OF JUDICIAL MAGISTRATE OF FIRST
                        CLASS ,MALAPPURAM

     CRIME NO.178/2016 OF Vengara Police Station , Malappuram


PETITIONERS:

      1        POOVANCHERY ABDUL MAJEED
               AGED 30 YEARS
               S/O.ABDUL AZEEZ, POOVANCHERY HOUSE, KANNATTIPADI
               P.O., MALAPPURAM DISTRICT-676304.

      2        USMAN,
               AGED 27 YEARS
               S/O.ABDUL AZEEZ, POOVANCHERY HOUSE, KANNATTIPADI
               P.O., MALAPPURAM DISTRICT-676304.

               BY ADV. SHRI.JINU JOSEPH

RESPONDENTS:

      1        ABDUL LATHEEF
               AGED 51 YEARS
               S/O.ALAVI, PANAKKAL HOUSE, KANNATTIPADI P.O.,
               MALAPPURAM DISTRICT-676304.

      2        STATE OF KERALA,
               REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
               KERALA, ERNAKULAM-682031.

               R1 BY ADV. P.K.MOHAMED JAMEEL

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crmc 5214/2020                           2




                                       V.G.ARUN, J.

                 ===========================
                        Crl.M.C.No.5214 of 2020
                 ===========================
                   Dated this the 5th day of January, 2021


                                      ORDER

Petitioners are the accused in Crime No.178 of 2016

registered at the Vengara Police Station for the offence

punishable under Sections 341, 323, 326 r/w 34 of IPC, now

pending as C.P.No.55 of 2019 on the files of Judicial First Class

Magistrate, Malappuram. The de facto complainant at whose

instance the crime was registered is the 1 st respondent.

Annexure A2 affidavit has been filed by the 1 st 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 1st 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.P.No.55 of 2019 on the files of Judicial First Class Magistrate,

Malappuram is quashed.

Sd/-

V.G.ARUN JUDGE

lgk

APPENDIX OF Crl.MC 5214/2020 PETITIONER'S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF FINAL REPORT IN CRIME NO.178/2016 OF VENGARA POLICE STATION.

ANNEXURE A2 ORIGINAL AFFIDAVIT OF 1ST RESPONDENT.