Kerala High Court
Sarfras @ Cheppu vs The 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.5679 OF 2020(H)
AGAINST THE JUDGMENT IN CC 448/2020 OF JUDICIAL MAGISTRATE OF
FIRST CLASS COURT-I,KASARAGOD
CRIME NO.2/2020 OF THE KASARAGODE POLICE STATION
PETITIONER/ACCUSED NOS 1 AND 2:
1 SARFRAS @ CHEPPU
AGED 23 YEARS
S/O. SAJUDHEEN, RESIDING AT KOMBANADUKKAM HOUSE,
CHEMMANAD VILLAGE, KASARAGOD DISTRICT.
2 NIDHAL,
AGED 22 YEARS
S/O. KAREEM, RESIDING AT DARUL HASSANATH, NORTH
BATHIRA, VIDYANAGAR P.O, KASARAGOD DISTRICT.
BY ADV. SHRI.JAWAHAR JOSE
RESPONDENT/STATE AND THE DE FACTO COMPLAINANT:
1 THE STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031.
2 MUHAMMED SAJUDDEEN
AGED 23 YEARS
S/O. AHAMMED SHAREEF C, RESIDING AT CHEKKARAMKODE
HOUSE, CHEMMANAD P.O, KASARAGOD DISTRICT, PIN -
671317.
R2 BY ADV. JAISON ANTONY
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:
Crl.MC.No.5679 OF 2020(H) ..2..
ORDER
Dated this the 7th day of January 2021
Petitioners are the accused in Crime No.2/2020
registered at the Kasargod Police Station for offences
punishable under Sections 341 and 324 r/w 34 of IPC,
now pending as C.C.No.448/2020 on the files of the
Judicial First Class Magistrate Court-I, Kasargod. The
de facto complainant, at whose instance the crime
was registered, is arrayed as the 2 nd respondent.
Annexure-E affidavit has been filed by 2nd 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,
Crl.MC.No.5679 OF 2020(H) ..3..
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
no impediment in granting the relief sought.
Crl.MC.No.5679 OF 2020(H) ..4..
In the result, this Crl.M.C is allowed. The
proceedings in C.C.No.448/2020 on the files of the
Judicial First Class Magistrate Court-I, Kasargod is
quashed.
Sd/-
V.G.ARUN
SB/07/01/2021 JUDGE
Crl.MC.No.5679 OF 2020(H) ..5..
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A CERTIFIED COPY OF THE FIR IN CRIME
NO. 2/2020 OF KASARAGOD POLICE
STATION,
ANNEXURE B CERTIFIED COPY OF THE CHARGE SHEET AS
AGAINST THE PETITIONERS WHICH WAS
FILED IN CRIME NO. 2/2020 OF
KASARAGOD POLICE STATION.
ANNEXURE C CERTIFIED COPY OF THE MEMO OF
EVIDENCE FILED ALONG WITH ANNEXURE B
CHARGE SHEET.
ANNEXURE D CERTIFIED COPY OF WOUND CERTIFICATE
FILED ALONG WITH ANNEXURE B CHARGE
SHEET.
ANNEXURE E COPY OF THE AFFIDAVIT DATED 4.12.2020
SWORN BY THE 2ND RESPONDENT
EVIDENCING SETTLEMENT.
//true copy// P.A to Judge
