Shanil Kumar P vs State Of Kerala
2021 Latest Caselaw 2637 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

      FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942

                       Crl.MC.No.5937 OF 2020(B)

 AGAINST THE ORDER/JUDGMENT IN CC 724/2016 OF JUDICIAL MAGISTRATE
                   OF FIRST CLASS -I,KOYILANDY

     CRIME NO.524/2016 OF ELATHOOR POLICE STATION, KOZHIKODE


PETITIONERS/ACCUSED:

      1      SHANIL KUMAR P.
             AGED 47 YEARS
             S/O.KUNHIRAMAN, PADINJHARAYIL HOUSE, MAKKADA P.O.,
             KOZHIKODE - 673 617

      2      JEEVA N @ JEEVA PRIYA
             AGED 34 YEARS
             W/O.SHANIL KUMAR P., PADINJHARAYIL HOUSE, MAKKADA
             P.O., KOZHIKODE - 673 617

             BY ADV. SRI.T.D.SUSMITH KUMAR

RESPONDENTS/STATE/COMPLAINANT/DE-FACTO COMPLAINANT:

      1      STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM

      2      SUB INSPECTOR OF POLICE
             KODENCHERY POLICE STATION, KOZHIKODE - 679 335

      3      SAVITHRI P., AGED 76 YEARS,
             W/O.KUNHIRAMAN, PADINJHARAYIL HOUSE, MAKKADA P.O.,
             KOZHIKODE - 673 617

             R3 BY ADV. P.JERIL BABU

OTHER PRESENT:

             SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.5937 OF 2020
                                     2




                             O R D E R

Dated this the 22nd day of January 2021

in Crime No.524/2016 registered at the

Elathoor Police Station, Kozhikode for

offences punishable under Sections 341, 323

and 506(i) read with Section 34 of IPC, now

pending as C.C.No.724/2016 on the files of

the Judicial First Class Magistrate,

Koyilandi. The de facto complainant, at

whose instance the crime was registered, is

arrayed as the 3rd respondent. Annexure-A3

affidavit has been filed by 3rd respondent

stating that the dispute, which was the

reason for the incident and registration of

the crime, has been resolved amicably and

she has no subsisting grievance against the

petitioners.

CRL.M.C.NO.5937 OF 2020

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 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 CRL.M.C.NO.5937 OF 2020

SCC 303], there is no impediment in granting

the relief sought.

In the result, this Crl.M.C is allowed.

Annexure-A2 Final Report bearing No.750/2016

of Elathoor Police Station, Kozhikode and

the proceedings in C.C.No.724/2016 on the

files of the Judicial First Class

Magistrate, Koyilandi are quashed.

Sd/-

V.G.ARUN JUDGE NB CRL.M.C.NO.5937 OF 2020

APPENDIX PETITIONERS'S EXHIBITS:

ANNEXURE A1 THE CERTIFIED COPY OF THE F.I.R. IN CRIME NO.524 OF 2016 OF ELATHOOR POLICE STATION DATED 26/06/2016

ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT BEARING NO.750/2016 DATED 19/08/2016 OF ELATHOOR POLICE STATION

ANNEXURE A3 THE AFFIDAVIT DATED 29/12/2020 SWORN BY THE 3RD RESPONDENT