Little Sheik @ Shanu vs The State Of Kerala
2021 Latest Caselaw 639 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.5722 OF 2020(E)

  AGAINST THE JUDGMENT IN CC 1149/2013 OF JUDICIAL MAGISTRATE OF
                  FIRST CLASS -I,PATHANAMTHITTA

       CRIME NO.610/2013 OF Pathanamthitta Police Station ,
                          Pathanamthitta


PETITIONER/ACCUSED:

      1      LITTLE SHEIK @ SHANU
             AGED 32 YEARS
             S/O.SAINULABUDEEN, PANDIYAR VEEDU, KULASEKHARAPATHI,
             PATHANAMTHITTA P.O. AND VILLAGE, PATHANAMTHITTA
             DISTRICT - 689 645.

      2      SAINULABUDEEN
             AGED 59 YEARS
             S/O.MOIDEEN PICHA RAWTHER, PANDIYAR VEEDU,
             KULASEKHARAPATHI, PATHANAMTHITTA P.O. AND VILLAGE,
             PATHANAMTHITTA DISTRICT -689 645.

      3      NABEEL ABDUL RAHMAN
             AGED 59 YEARS
             S/O.MOIDEEN PICHA RAWTHER, OTTAPLACKAL VEEDU, NEAR
             OLD MOSQUE, PUZHAVATHU, PERUNNA VILLAGE,
             CHANGANASSERY, KOTTAYAM DISTRICT - 686102.

             BY ADVS.
             SRI.MANU RAMACHANDRAN
             SRI.M.KIRANLAL
             SRI.R.RAJESH (VARKALA)
             SRI.T.S.SARATH
             SHRI.SAMEER M NAIR

RESPONDENT/STATE/DE FACTO COMPLAINANT AND AFFECTED PERSONS :

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

      2      THE STATION HOUSE OFFICER,
             POLICE STATION OF PATHANAMTHITTA, PATHANAMTHITTA
             DISTRICT - 689 645.
 Crl.MC.No.5722 OF 2020(E)     ..2..


      3      REJANI,
             AGED 43 YEARS, W/O.BIJU, ANAPARACKAL VEETTIL,
             KUMBAZHA MURI, PATHANAMTHITTA VILLAGE,
             PATHANAMTHITTA DISTRICT - 689645.

      4      BIJU,
             AGED 49 YEARS, S/O.SIVANANDAN, ANPARACKAL VEETIL,
             KUMBAZHA MURI, PATHANAMTHITTA VILLAGE,
             PATHANAMTHITTA DISTRICT - 689 645.

             R3-4 BY ADV. SHRI.ANSU VARGHESE

OTHER PRESENT:

             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:
 Crl.MC.No.5722 OF 2020(E)         ..3..




                                  ORDER

Dated this the 7th day of January 2021

Petitioners are the accused in Crime

No.610/2013 registered at the Pathanamthitta Police

Station for the offence punishable under Section 13

r/w S.17 of the Kerala Money Lenders Act, now

pending as C.C.No1149/2013 on the files of the

Judicial First Class Magistrate Court-I,

Pathanamthitta. The de facto complainant and the

other aggrieved person are arrayed as respondents 3

and 4. Annexures-A2 and A3 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 Crl.MC.No.5722 OF 2020(E) ..4..

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 affidavits filed by respondents 3 and 4,

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 Crl.MC.No.5722 OF 2020(E) ..5..

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 C.C.No1149/2013 on the files of the

Judicial First Class Magistrate Court-I,

Pathanamthitta is quashed.

Sd/-

                                          V.G.ARUN
     SB/07/01/2021                          JUDGE
 Crl.MC.No.5722 OF 2020(E)       ..6..




                            APPENDIX
     PETITIONER'S/S EXHIBITS:

     ANNEXURE A1        THE TRUE COPY OF THE FINAL REPORT IN

CRIME NO.610/2013 OF PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA DISTRICT NOW PENDING AS C.C.NO.1149/2013 OF JFMC-I, PATHANAMTHITTA.

ANNEXURE A2 THE ORIGINAL OF THE AFFIDAVIT DATED 04/12/2020 SWORN BY THE 3RD RESPONDENT/DE-FACTO COMPLAINANT.

ANNEXURE A3 THE ORIGINAL OF THE AFFIDAVIT DATED 04/12/2020 SWORN BY THE 4TH RESPONDENT/CW2.

//true copy// P.A to Judge