Kerala High Court
Remees vs The State Of Kerala on 6 January, 2021
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.1839 OF 2020(H)
AGAINST THE JUDGMENT IN CC 788/2014 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -III, PUNALUR
CRIME NO.846/2014 OF Punalur Police Station , Kollam
PETITIONER/ACCUSED NO.1 TO 4:
1 REMEES
AGED 35 YEARS
S/O. SAINULABDEEN, NOW RESIDING AT SHANA MANZIL, NEAR
PAPERMIL SCHOOL, PUNALUR, FROM SHANA MANZIL, CHOWKA,
PUNALUR VILLAGE, KOLLAM DISTRICT - 691 332.
2 SURAJ
AGED 37 YEARS
S/O. MURALIDHARAN, BINDHU BHAVAN, KOMALAMKUNNU,
PUNALUR, KOLLAM DISTRICT - 691 305.
3 LATHEEF
AGED 33 YEARS
S/O. THAHA, LATHEEF MANZIL, KOMALAMKUNNU, VAZHAVILA,
PUNALUR, KOLLAM DISTRICT - 691 305.
4 RAJAKRISHNAN
AGED 33 YEARS
S/O. TMUTHUKRISHNAN, RAJA BHAVAN, KOMALAMKUNNU,
PUNALUR, KOLLAM DISTRICT - 691 305.
BY ADVS.
SRI.MANU RAMACHANDRAN
SRI.M.KIRANLAL
SRI.T.S.SARATH
SRI.R.RAJESH (VARKALA)
SHRI.SAMEER M NAIR
RESPONDENT/STATE AND DE FACTO COMPLAINANT:
1 THE STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682 031.
2 THE SUB INSPECTOR OF POLICE
POLICE STATION OF PUNALUR, KOLLAM DISTRICT - 691 305.
Crl.MC.No.1839 OF 2020(H) ..2..
3 BAIJU VARGHESE
AGED 37 YEARS
S/O. VARGHESE, ATTARIKATHU PUTHENVEEDU, VALACODU
VILLAGE, NELLIPALLY, PUNALUR AND NOW RESIDING AT
BAIJU BHAVAN, THOLICODU, PARAVATTOM, MANIYAR P. O.,
PUNALUR, KOLLAM DISTRICT - 691 333.
R3 BY ADV. ANSU VARGHESE
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.1839 OF 2020(H) ..3..
ORDER
Dated this the 6th day of January 2021
Petitioners are the accused in Crime No.846/2014
registered at the Punalur Police Station for offences
punishable under Sections 294(b), 323, 324, 427 r/w
34 of IPC, now pending as C.C.No.788/2014 on the
files of the Judicial First Class Magistrate Court-III,
Punalur. The de facto complainant, at whose instance
the crime was registered, is arrayed as the 3 rd
respondent. Annexure-A2 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 he has no subsisting
grievance against the petitioners.
2. Heard the learned Public Prosecutor also, who,
on instructions, submits that the petitioners have no
Crl.MC.No.1839 OF 2020(H) ..4..
criminal antecedents.
3. Having considered the gravity of the offences
alleged, nature of the injury caused and having
perused the affidavit filed by the 3rd 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 no
impediment in granting the relief sought.
Crl.MC.No.1839 OF 2020(H) ..5..
In the result, this Crl.M.C is allowed. The
proceedings in C.C.No.788/2014 on the files of the
Judicial First Class Magistrate Court-III, Punalur is
quashed.
Sd/-
V.G.ARUN
SB/06/01/2020 JUDGE
Crl.MC.No.1839 OF 2020(H) ..6..
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE TRUE COPY OF THE FINAL REPORT IN
CRIME NO.846/2014 OF POLICE STATION
OF PUNALUR, KOLLAM DISTRICT WHICH IS
NOW PENDING AS CC NO.788/2014 ON THE
FILES OF JFMC-III, PUNALUR.
ANNEXURE A2 THE ORIGINAL OF THE AFFIDAVIT DATED
3.8.2019 SWORN BY THE 3RD
RESPONDENT /DE-FACTO COMPLAINANT.
//true copy// P.A to Judge
