Kerala High Court
Ranjith vs 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.4091 OF 2020(B)
AGAINST THE JUDGMENT IN SC 842/2018 OF ASSISTANT SESSIONS COURT,
VADAKARA
CRIME NO.574/2008 OF Edacherry Police Station , Kozhikode
PETITIONER/ACCUSED NOS. 3 TO 5:
1 RANJITH
AGED 32 YEARS
S/O. RAMACHANDRAN, POKKERIKUNI HOUSE, KOROTH ROAD,
AZHIYOOR, VATAKARA TALUK. (DELETED)
(PETITIONER NO. 1 IS DELETED FROM THE PARTY ARRAY AS
PER ORDER DATED 07/12/2020 IN CRL. MA NO.1/2020 )
2 RASHEED
AGED 34 YEARS
S/O HASSAN, ELAMAMKANDI HOUSE, KOROTH ROAD, AZHIYOOR,
VATAKARA TALUK
3 RIYAL
AGED 32 YEARS
S/O MAMMU, CHERIYANDIYIL HOUSE, KOROTH ROAD,
AZHIYOORF,
VATAKAA TALUK.
BY ADVS.
SRI.ZUBAIR PULIKKOOL
SRI.K.M.RAMADAS
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-695001.
2 SURENDRAN
AGED 55 YEARS
S/O VELAYUDAN,
KUNNOTH MEETHAL HOUE,
KOROTH ROAD,
AZHIYOOR, VATAKARA TALUK. PIN-673309.
Crl.MC.No.4091 OF 2020(B) ..2..
R2 BY ADV. K.SEENA
OTHER PRESENT:
PP T.R.RENJITH
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.4091 OF 2020(B) ..3..
ORDER
Dated this the 6th day of January 2021
Petitioners are the accused in Crime No.574-
2008 registered at the Edachery Police Station for
offences punishable under Sections 143, 147, 148,
341, 323, 324 and 308 r/w 149 of IPC, now pending as
S.C.No.842/2018 on the files of the Assistant Sessions
Court, Vadakara. As per Annexure-2 judgment, all
accused except the petitioners were acquitted. The
case against the petitioners was split up and refiled
as S.C.No.842/2018. The de facto complainant, at
whose instance the crime was registered, is arrayed
as the 2nd respondent. Annexure-3 affidavit has been
filed by 2nd respondent stating that the reason for the
incident, which led to registration of the crime, has
been resolved amicably, in view of the settlement and
Crl.MC.No.4091 OF 2020(B) ..4..
he has no subsisting grievance against the petitioner.
2. Heard the learned Public Prosecutor also, who,
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 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. The fact
that the accused Nos. 2 to 6 were acquitted after trial
as evident by Annexure-2 judgment and the further
fact that the dispute has been dissolved between the
parties is also taken into consideration. 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
Crl.MC.No.4091 OF 2020(B) ..5..
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.
In the result, this Crl.M.C is allowed. The
proceedings in S.C.No.842/2018 on the files of the
Assistant Sessions Court, Vadakara is quashed.
Sd/-
V.G.ARUN
SB/06/01/2020 JUDGE
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE-1 THE CERTIFIED COPY OF THE FINAL
REPORT IN CRIME NO. 574/2008 OF
EDACHERY POLICE STATION.
ANNEXURE-2 THE CERTIFIED COPY OF JUDGMENT IN
S.C.447/2009 ON TH FILE OF ASSISTANT
SESSIONS JUDGE VATAKARA
DT.20.08.2015.
ANNEXURE-3 SWORN AFFIDAVIT OF 2ND RESPONDENT
14.09.2020.
//true copy// P.A to Judge
