Moncy Michael vs State Of Kerala
2021 Latest Caselaw 333 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

                THE HONOURABLE MR.JUSTICE V.G.ARUN

   WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

                    Crl.MC.No.5799 OF 2020(D)

    AGAINST THE JUDGMENT IN CC 1432/2020 OF JUDL. FIRST CLASS
                MAGISTRATE COURT-III,NORTH PARAVUR

   CRIME NO.618/2019 OF Vadakkekara Police Station , Ernakulam


PETITIONER/ACCUSED 1-6:

      1      MONCY MICHAEL
             AGED 26 YEARS
             S/O. MICHAEL, S/O. MICHAEL, THACHILETH HOUSE,
             KOOTTUKAD, CHENDAMANGALAM VILLAGE, PARAVUR TALUK,
             ERNAKULAM , PIN-683512

      2      NELSON SEBASTIAN,
             AGED 25 YEARS
             S/O. SEBASTIAN, PULUCKAL HOUSE, KOOTTUKAD,
             CHENDAMANGALAM VILLAGE, PARAVUR TALUK, ERNAKULAM,
             PIN-683 512

      3      SMIVIN K. TOMY
             S/O. TOMY, AGED 26 YEARS, KURUPPASSERY HOUSE,
             KOOTTUKAD, CHENDAMANGALAM VILLAGE, PARAVUR TALUK,
             ERNAKULAM, PIN-683 512

      4      JACKSON JOSEPH,
             S/O. JOSEPH, AGED 26 YEARS, MANAKKIL HOUSE,
             KOOTTUKAD, CHENDAMANGALAM VILLAGE,PARAVUT TALUK,
             ERNAKULAM, PIN-683 512

      5      EBIN SEBASTIAN,
             AGED 25 YEARS
             S/O. SEBASTIAN, CHANASSERY HOUSE, MOOTHAKUNNAM
             VILLAGE, PARAVUR TALUK, ERNAKULAM, PIN-683 516

      6      JOSE ANTONY,
             AGED 25 YEARS
             S/O. JOHNSON, PULIKKATHARA HOUSE, CHALIPALAM,
             PULIKKATHARA HOUSE, CHALIPALAM, CHENDAMANGALAM
             VILLAGE, PARAVUR TALUK, ERNAKULAM, PIN-683 512

             BY ADV. SRI.JOHN MATHEW (THEREZHATH)
 Crl.MC.No.5799 OF 2020(D)         ..2..



RESPONDENT/STATE/DE FACTO COMPLAINANT:

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

      2      JAFIN
             AGED 22 YEARS, S/O. LANSON, CHEMMASSERY HOUSE,
             KOOTUKAD, CHENDAMANGALAM VILLAGE, PARAVUT TALUK,
             ERNAKULAM, PIN-683 512

             R2 BY ADV. MANEESH T.T.

OTHER PRESENT:

             SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.5799 OF 2020(D)         ..3..




                                ORDER

Dated this the 6th day of January 2021

Petitioners are the accused in Crime

No.618/2019 registered at the Vadakkekara Police

Station for offences punishable under Sections 143,

323, 324 and 341 r/w 149 of IPC, now pending as

C.C.No.1432/2020 on the files of the Judicial First

Class Magistrate Court-III, North Paravur. The de

facto complainant, at whose instance the crime was

registered, is arrayed as the 2 nd respondent.

Annexure-II affidavit has been filed by 2 nd respondent

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 petitioners.

Crl.MC.No.5799 OF 2020(D) ..4..

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 2 nd 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 SCC 303], there is Crl.MC.No.5799 OF 2020(D) ..5..

no impediment in granting the relief sought.

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

proceedings in C.C.No.1432/2020 on the files of the

Judicial First Class Magistrate Court-III, North

Paravur is quashed.

Sd/-

                                      V.G.ARUN
     SB/06/01/2020                      JUDGE
 Crl.MC.No.5799 OF 2020(D)        ..6..




                            APPENDIX
     PETITIONER'S/S EXHIBITS:

     ANNEXURE I         THE TRUE COPY OF THE FIR NO. 618 OF

2019 DATED 07.10.2019 REGISTERED AT THE VADAKKEKARA POLICE STATION IN ERNAKULAM FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 323, 324, 341 AND 149 OF IPC.

ANNEXURE II THE TRUE COPY OF THE CHARGE SHEET DATED 30.10.2020 FILED IN CRIME NO. 618 OF 2019 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 323, 324, 341 AND 149 OF IPC.

ANNEXURE III THE NOTARIZED AFFIDAVIT DATED 17.12.2020 SWORN IN BY THE 2ND RESPONDENT DEFACTO COMPLAINANT IN THE PRESENT CASE.

//true copy// P.A to Judge