Kerala High Court
Pradeep vs State Of Kerala on 29 January, 2021
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.267 OF 2021(C)
AGAINST THE JUDGMENT IN CC 1403/2016 OF JUDICIAL MAGISTRATE OF
FIRST CLASS - I, OTTAPPALAM
CRIME NO.1104/2014 OF Ottapalam Police Station , Palakkad
PETITIONER/ACCUSED:
PRADEEP,AGED 50 YEARS
S/O.PRABAKARAN, RENUKA SADHANAM, KAVALPADU P.O.,
PALAKADU TALUK, PALAKADU DISTRICT-678012.
BY ADV. SRI.K.S.DHANESH KUMAR
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR HON'BLE HIGH COURT
OF KERALA AT ERNAKULAM REP. BY INSPECTOR OF POLICE,
OTTAPALAM POLICE STATION, PALAKKADU DISTRICT-679101.
2 SHIJO MATHEW, AGED 32 YEARS
S/O.LATE P.V.MATHEW, PULIMOOTIL HOUSE, KUNNAMTHANAM
P.O., KUNNATHANAM DESOM, KUNNAMTHANAMVILLAGE,
MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT (CW2)-
689585.
3 ANNAMMA MATHEW, AGED 59 YEARS
W/O.LATE P.V.MATHEW, PULIMOOTTIL HOUSE, KUNNAMTHANAM
P.O., KUNNATHANAM DESOM, KUNNAMTHANAM VILLAGE,
MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT (CW3)-
689585.
R2-3 BY ADV. V.S.NEENESHKUMAR
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:
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ORDER
Dated this the 29th day of January 2021
Petitioner is the sole accused in Crime
No.1104/2014 registered at the Ottappalam Police
Station for offences punishable under Sections 420 of
IPC, now pending as C.C.No.1403/2016 on the files of
the Judicial First Class Magistrate Court, Ottappalam.
The de facto complainant is stated to be no more.
Respondents 2 and 3 are the wife and son of the
deceased de facto complainant. Annexures-5 and 6
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 they have no subsisting
grievance against the petitioner.
2. Heard the learned Public Prosecutor also, who,
on instructions, submits that the petitioner has no
Crl.MC.No.267 OF 2021(C) ..3..
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.267 OF 2021(C) ..4..
In the result, this Crl.M.C is allowed. The
proceedings in C.C.No.1403/2016 on the files of the
Judicial First Class Magistrate Court, Ottappalam is
quashed.
Sd/-
V.G.ARUN
SB/29/01/2020 JUDGE
Crl.MC.No.267 OF 2021(C) ..5..
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE 1 TRUE COPY OF THE FIRST INFORMATION
REPORT NO.1104/2014 DATED 22.10.2017
OF OTTAPALAM POLICE STATION.
ANNEXURE 2 TRUE COPY OF THE FINAL REPORT
SUBMITTED BY THE INSPECTOR OF POLICE
OTTAPALAM POLICE STATION DATED
10.09.2016.
ANNEXURE 3 TRUE COPY OF LETTER DATED 27.07.2014
ISSUED BY THE CW1 TO HON'BLE CHIEF
MINISTER OF KERALA.
ANNEXURE 4 TRUE COPY OF THE DEATH CERTIFICATE OF
CW1 DATED 17.09.2018.
ANNEXURE 5 ORIGINAL OF AFFIDAVITS DATED
12.01.2021 SWORN BY 2ND RESPONDENTS.
ANNEXURE 6 ORIGINAL OF AFFIDAVITS DATED
12.01.2021 SWORN BY 3RD RESPONDENTS.
//true copy// P.A to Judge
