Swaminathan S vs The State Of Kerala
2021 Latest Caselaw 501 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

     THURSDAY, THE 07TH DAY OF JANUARY 2021/17TH POUSHA, 1942

                      Crl.MC.No.5682 OF 2020(A)

      AGAINST THE JUDGMENT IN CC 450/2018 OF CHIEF JUDICIAL
                      MAGISTRATE ,KASARAGOD

    CRIME NO.394/2011 OF Chittarikal Police Station, Kasargod


PETITIONERS:

      1        SWAMINATHAN S.
               AGED 39 YEARS
               S/O.RAMAN PILLAI, RESIDING AT NO.87/A, SOORYA NAGAR,
               VATTIYOORKAVU, THIRUVANANTHAPURAM.

      2        SAJEEV KARUN @ SAJEEV KARUNAN,
               AGED 45 YEARS
               S/O.KARUNAKARAN, RESIDING AT OZHUKAYIL HOUSE,
               THALAPPALLY, VENGANOOR AMSAM, CHELAKKARA, THRISSUR
               DISTRICT.

      3        PRAMOD KUMAR,
               AGED 45 YEARS
               SON OF KUNJU, RESIDING AT PULIKKAL HOUSE, PILAKKODE,
               KALLADAM, CHELAKKARA, THRISSUR DISTRICT.

      4        SASINDRAN.P.R.,
               AGED 56 YEARS
               S/O.RAMAN, RESIDING AT ASARI VEEDU, PULAKKODE,
               CHELAKKARA, THRISSUR DISTRICT.

      5        SHABEER.T.
               AGED 41 YEARS
               S/O.SAITHALI, RESIDING AT PUTHANPEEDIAKKAL HOUSE,
               CHELAKKARA, CHELAKKODE AMSAM, THRISSUR DISTRICT.

      6        BABY JOSE,
               AGED 46 YEARS
               S/O.JOSEPH, RESIDING AT PALLIPARAMBIL HOUSE,
               MUNDAPALAM, THRIKKAKKARA VILLAGE, P.O.KALAMASSSERY,
               ERNAKULAM DISTRICT.

      7        SUNIL S.KUNNUMEL,
               AGED 54 YEARS
               S/O.P.GOVINDAN, RESIDING AT SANTHA NIVAS,
               MANTHAMANGALAM, MUNDADI P.O., VIYYOR VILLAGE,
 Crmc 5682/2020                        2

                 KOILANDY, KOZHIKODE DISTRICT.

       8         IBRAHIM.P.
                 AGED 47 YEARS
                 S/O.ABDULLA, RESIDING AT MAJAL HOUSE, MAYIPADY,
                 PATLA VILLAGE, KASARAGOD DISTRICT.

                 BY ADVS.
                 SRI.T.MADHU
                 SMT.C.R.SARADAMANI

RESPONDENTS:

       1         THE STATE OF KERALA
                 REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
                 KERALA, ERNKAULAM-682 031.

       2         THE STATION HOUSE OFFICER
                 CHITTARIKKAL POLICE STATION, KASARAGOD DISTRICT-671
                 326.

       3         SHANEEF KUMAR
                 AGED 40 YEARS
                 S/O.KARUNAKARAN, RESIDING AT PUSHPA NIVAS,
                 KUNNUMKAI, BEEMANADI VILLAGE, KASARAGOD DISTRICT-
                 671 314.

       4         ABDUL HAMEED
                 AGED 45 YEARS
                 S/O.ABDULLA, RESIDING AT MAJAL HOUSE, MAYIPPADI,
                 PATLA VILLAGE AND POST, KASARAGOD DISTRICT-671 124.

       5         SIRAJUDHEEN K.,
                 AGED 37 YEARS
                 S/O.ABDULLAKKUNHI, RESIDING AT MUDIKKAL HOUSE,
                 KOTTATHADUKKA, SEETHANGOLI, PUTHIGE VILLAGE,
                 KASARAGOD DISTRICT-671 321.

       6         RAJAN A.,
                 AGED 39 YEARS
                 S/O.KUNHIRAMAN NAIR, RESIDING AT ADUKKATHIL HOUSE,
                 CHERKALA, CHENGALA VILLAGE AND POST, KASARAGOD
                 DISTRICT-671 542.

       7         ABDUL LATHEEF
                 AGED 47 YEARS
                 S/O.IBRAHIM, RESIDING AT KOKKACHAL HOUSE, KAYYAR
                 VILLAGE, PAIVALIGE, KASARAGOD DISTRICT-671 322.

       8         GOVINDAN P.,
                 AGED 78 YEARS
 Crmc 5682/2020                     3

                 S/O.CHERIYACKAN, RESIDING AT SANTHA NIVAS,
                 MANTHAMANGALAM, MOODALI, VIYOOR VILLAGE, KOYILANDI,
                 KOZHIKODE DISTRICT-673 307.

                 R3-8 BY ADV. SHAHID AZEEZ



                 PP T.R.RENJITH

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crmc 5682/2020                       4




                                  V.G.ARUN, J.

                 ===========================
                        Crl.M.C.No.5682 of 2020
                 ===========================
                   Dated this the 7th day of January, 2021


                                 ORDER

Petitioners are the accused in Crime No.394 of 2011

registered at the Chittarikkal Police Station for the offence

punishable under Sections 420 and 120B r/w 34 of IPC and

Sections 3, 4 5 and 6 of the Prize Chits and Money Circulation

Schemes (Banning) Act 1978, now pending as C.C.No.450 of

2018 of Chief Judicial Magistrate, Kasargod. The de facto

complainant and the witnesses at whose instance the crime was

registered are respondents 3 to 8. Annexures A3, A4, A5, A6,

A7 and A8 affidavits have been filed by respondents 3, 4, 5, 6, 7

and 8 respectively stating that the dispute has been settled and

that they have no subsisting grievance against the petitioners.

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 respondents 3 to 8, the contents of which are submitted

to be true and voluntary, I am satisfied that the dispute is

settled and that 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.

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

C.C.No.450 of 2018 of Chief Judicial Magistrate, Kasargod is

quashed.

Sd/-

V.G.ARUN JUDGE

lgk

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 THE TRUE COPY OF THE FIR DATED 10.12.2011 IN CRIME NO.394/2011 OF CHITTARIKKAL POLICE STATION.

ANNEXURE A2 THE TRUE COPY OF THE FINAL REPORT DATED 30.11.2016 IN CRIME NO.394?2011 OF CHITTARIKKAL POLICE STATION, KASARAGOD DISTRICT.

ANNEXURE A3 THE AFFIDAVIT DATED 23.11.2020 SWORN IN BY THE THIRD RESPONDENT.

ANNEXURE A4 THE AFFIDAVIT DATED 21.11.2020 SWORN IN BY THE FOURTH RESPONDENT.

ANNEXURE A5 THE AFFIDAVIT DATED 21.11.2020 SWORN IN BY THE FIFTH RESPONDENT.

ANNEXURE A6 THE AFFIDAVIT DATED 21.11.2020 SWORN IN BY THE SIXTH RESPONDENT.

ANNEXURE A7 THE AFFIDAVIT DATED 21.11.2020 SWORN IN BY THE SEVENTH RESPONDENT.

ANNEXURE A8 THE AFFIDAVIT DATED 23.11.2020 SWORN IN BY THE EIGHTH RESPONDENT.