Praveen vs State Of Kerala
2021 Latest Caselaw 3278 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

      FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                      Crl.MC.No.5911 OF 2020(H)

  AGAINST THE JUDGMENT IN CC 1022/2019 OF JUDICIAL MAGISTRATE OF
                     FIRST CLASS -I,THRISSUR

     CRIME NO.645/2019 OF Town East Police Station , Thrissur


PETITIONER/ACCUSED:

             PRAVEEN,
             AGED 46 YEARS
             S/O.RAVEENDRANADHAN, THOPPIL HOUSE, KOORKKANCHERY,
             THRISSUR-680007.

             BY ADVS.
             SRI.V.S.ANU MON
             SRI.K.K.SYAMON

RESPONDENT/COMPLAINANT:

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

      2      AMAL SURESH
             AGED 23 YEARS
             S/O.SURESH, KANDOLI HOUSE, CHIYYARAM, THRISSUR
             DISTRICT-680026.

      3      ANANDAKRISHNAN
             AGED 18 YEARS
             S/O.THILAKAN, PANAMUKKATH HOUSE, MANAKKODI, THRISSUR
             DISTRICT-680012.

             R2-3 BY ADV. MANU M.THOMAS (M-1341)

OTHER PRESENT:

             SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
29.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.5911 OF 2020(H)         ..2..




                              ORDER

Dated this the 29th day of January 2021

Petitioner is the sole accused in Crime

No.645/2019 registered at the Thrissur East Police

Station for offences punishable under Sections 324 and

427 of IPC, now pending as C.C.No.1022/2019 on the

files of the Judicial First Class Magistrate Court-I,

Thrissur. The de facto complainant and the other

person injured are arrayed as respondents 2 and 3.

Annexures-3 and 4 affidavits have been filed by the said

respondents stating that the dispute, which was the

reason for the incident and registration of the crime,

has been resolved amicably and he has no subsisting

grievance against the petitioner.

2. Heard the learned Public Prosecutor also, who, Crl.MC.No.5911 OF 2020(H) ..3..

on instructions, submits that the petitioner has no

criminal antecedents.

3. Having considered the gravity of the offences

alleged, nature of the injury caused and having perused

the affidavits filed by respondents 2 and 3, 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 SCC

303], there is no impediment in granting the relief

sought.

Crl.MC.No.5911 OF 2020(H) ..4..

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

proceedings in C.C.No.1022/2019 on the files of the

Judicial First Class Magistrate Court-I, Thrissur is

quashed.

Sd/-

                                     V.G.ARUN
    SB/29/01/2020                      JUDGE
 Crl.MC.No.5911 OF 2020(H)       ..5..




                            APPENDIX
    PETITIONER'S/S EXHIBITS:

    ANNEXURE A1        CERTIFIED COPY OF THE F.I.R. IN CRIME

NO.645/2019 DATED 18.5.2019 OF TRISSUR EAST POLICE STATION.

ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT/CHARGE SHEET DATED 6.6.2019 IN C.C.NO.1022/2019 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT- I, TRISSUR.

ANNEXURE A3 NOTARIZED AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 4.12.2020.

ANNEXURE A4 NOTARIZED AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 4.12.2020.

//true copy// P.A to Judge