Kerala High Court
Thajudheen C.H vs State Of Kerala on 7 January, 2021
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.5643 OF 2020(E)
AGAINST THE JUDGMENT IN CC 17/2020 OF JUVENILE JUSTICE BOARD,
KASARAGOD
CRIME NO.121/2016 OF Bekal Police Station , Kasargod
PETITIONER/ACCUSED:
THAJUDHEEN C.H
AGED 20 YEARS
S/O. MUHAMMED KUNHI, JASMINE MANZIL, CHETTUKUND,
KEEKAN VILLAGE, KASARAGOD 671 316.
BY ADVS.
SRI.RAHUL SASI
SMT.NEETHU PREM
RESPONDENT/STATE AND COMPLAINANTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM 682 031.
2 STATION HOUSE OFFICER
BAKEL POLICE STATION, KASARAGOD DISTRICT 671 318.
3 JUBAIR.A,
AGED 21 YEARS
S/O. AYOOB, DARUL AMAN HOUSE, THOTTI, PALLIKKARA
VILLAGE, HOSDURG TALUK, KASARAGOD 671 316.
4 ABDUL KALAM P.M
S/O. ABDUL KAREEM, RESIDING AT PALLATH HOUSE, MOUVAL,
PALLIKKARA VILLAGE, HOSDURG TALUK, KASARAGOD 671 316.
5 VASEEM IBRAHIM
S/O. BADARUDSHEEN THEKKE KUNNIL, RESIDING AT
THEKKEKUNNIL HOUSE, KALLINGAL, BAKEL FORT, PALLIKKARA
VILLAGE, KASARGOD 671 316.
6 FAHAD MOIDEEN
S/O. MOIDEEN KUNHI, RESIDING A T MSHRIQ HOUSE,
PALLIPPUZHA, PALLIKKARA VILLAGE, HOSDURG TALUK,
KASARGOD 671 316.
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R3-6 BY ADV. VIVEK.P.K
OTHER PRESENT:
SR.PP.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 7th day of January 2021
Petitioner is the accused in Crime No.121/2016
registered at the Bakel Police Station for the offence
punishable under Section 324 of IPC, now pending as
C.C.No.17/2020 on the files of the Juvenile Justice
Board, Kasaragod. The de facto complainant and the
other persons injured are arrayed as respondents 3 to
6. Annexures A3 to A6 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 petitioners.
2. Heard the learned Public Prosecutor also,
who, on instructions, submits that the petitioner has
Crl.MC.No.5643 OF 2020(E) ..4..
no criminal antecedents.
3. Having considered the gravity of the offences
alleged, nature of the injury caused and having
perused the affidavits filed by respondents 3 to 6, 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.5643 OF 2020(E) ..5..
In the result, this Crl.M.C is allowed. The
proceedings in C.C.No.17/2020 on the files of the
Juvenile Justice Board, Kasaragod is quashed.
Sd/-
V.G.ARUN
SB/07/01/2021 JUDGE
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IN
CRIME NO. 121 OF 2016 OF BEKEL
POLICE STATION.
ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL
REPORT AND MEMO OF EVIDENCE IN CRIME
NO. 121 OF 2016 OF BAKEL POLICE
STATION.
ANNEXURE A3 AFFIDAVIT DATED 18.11.2020 SUBMITTED
BY THE 3RD RESPONDENT.
ANNEXURE A4 AFFIDAVIT DATED 18.11.2020 SUBMITTED
BY THE 4TH RESPONDENT.
ANNEXURE A5 AFFIDAVIT DATED 26.11.2020 SUBMITTED
BY THE 5TH RESPONDENT.
ANNEXURE A6 AFFIDAVIT DATED 18.11.2020 SUBMITTED
BY THE 6TH RESPONDENT.
//true copy// P.A to Judge
