Kerala High Court
Smajo K.Jose vs Ashil Antony 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.5593 OF 2020(H)
AGAINST THE JUDGMENT IN CC 254/2019 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -I, ALUVA
CRIME NO.52/2019 OF Edathala Police Station , Ernakulam
PETITIONERS:
1 SMAJO K.JOSE
AGED 24 YEARS
S/O.JOSE, KURUTHUKULANGARA HOUSE, VARAKKARA P.O.,
MANNAMPETTA, THRISSUR DIST., PIN 680 302
2 MUHAMMED NABEE K.B.
AGED 23 YEARS
S/O.BADARUDHEEN K.B., KARANAPARAMBIL HOUSE, CHERPU
WEST, CHERPU P.O., THRISSUR, PIN 680 561
3 JERIN ROY
AGED 24 YEARS
S/O.ROY, ENANICKAL HOUSE, VALARU P.O., 14TH MILE,
IDUKKI, PIN 685 561
4 ADIL K.A.
AGED 23 YEARS
S/O.ANEESH, JRURIYATH HOUSE, MAMBRA ROAD,
CHALIKKAVATTOM, VENNALA P.O., COCHIN 28
BY ADV. SRI.LIFFY P. FRANCIS
RESPONDENTS:
1 ASHIL ANTONY
AGED 20 YEARS
S/O.ANTONY XAVIER, PEDIAKKAL HOUSE, NEAR CARMEL
HOSPITAL, ASHOKAPURAM P.O., ALUVA 683 101
2 STATE OF KERALA
REP.BY SHO ALUVA EDATHALA POLICE STATION THROUGH
PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,
PIN 682 031
R1 BY ADV. C.D.JOHNY
Crmc 5593/2020 2
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:
Crmc 5593/2020 3
V.G.ARUN, J.
===========================
Crl.M.C.No.5593 of 2020
===========================
Dated this the 7th day of January, 2021
ORDER
Petitioners are the accused in Crime No.52 of 2019
registered at the Edathala Police Station for the offence
punishable under Sections 323, 341 r/w 34 of IPC, now pending
as C.C.No.254 of 2019 on the files of Judicial First Class
Magistrate-I, Aluva. The de facto complainant at whose instance
the crime was registered is the 1st respondent. Annexure A3
affidavit has been filed by the 1 st respondent, stating that the
dispute has been settled and that he has 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 1st respondent, 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. The fact that
the petitioners as well as defacto complainant were Law
students when the incident occurred 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 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.254 of 2019 on the files of Judicial First Class Magistrate-
I, Aluva is quashed.
Sd/-
V.G.ARUN
JUDGE
lgk
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE TRUE COPY OF FIR IN CRIME NO.52/2019 OF
EDATHALA POLICE STATION
ANNEXURE A2 THE CERTIFIED COPY OF CHARGE SHEET IN
C.C.254/2019 FILED BEFORE JFCM-I, ALUVA
ANNEXURE A3 THE AFFIDAVIT SWORN BY THE RESPONDENT NO.1
DATED 30.9.2020
