Ranjith.A.R vs State Of Kerala
2021 Latest Caselaw 744 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR.JUSTICE V.G.ARUN

     FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

                       Crl.MC.No.5574 OF 2020(F)

 AGAINST THE ORDER/JUDGMENT IN CC 159/2018 OF JUDICIAL MAGISTRATE
                    OF FIRST CLASS -I,HOSDRUG

      CRIME NO.135/2017 OF HOSDURG POLICE STATION, KASARGOD

PETITIONERS/ACCUSED:

      1      RANJITH.A.R
             AGED 31 YEARS
             S/O RAVI A S, R S NIVAS,
             AJANUR KADAPPURAM,
             AJANUR VILLAGE,
             HOSDURG TALUK

      2      ROOPESH K
             AGED 27 YEARS
             S/O RAMESHAN K,
             KARTHIKA NILAYAM,
             NEAR CRESCENT SCHOOL,
             AJANUR KADAPPURAM,
             AJANUR VILLAGE,
             HOSDURG TALUK

      3      ABHILASH A K
             AGED 24 YEARS
             S/O CHANDRAN A K, CHITTIKKOTTAN NILAYAM,
             AJANUR KADAPPURAM,
             AJANUR VILLAGE,
             HOSDURG TALUK

      4      AJAY PRASEED K V
             AGED 40 YEARS
             S/O K V KUNHAMBU,
             KAVAUNGAL HOUSE,
             KATTUKULANGARA,
             AJANUR VILLAGE,
             HOSDURG TALUK

      5      RAJAN C V
             AGED 44 YEARS
             S/O SHAMBU, KATTADI HOUSE, KATTADI, KOLAVAYAL,
             AJANUR VILLAGE, NOW R/AT ALARANDA,
             PERIYA VILLAGE,
             HOSDURG TALUK
 CRL.M.C.NO.5574 OF 2020
                                 2

       6       PRAMOD H
               AGED 39 YEARS
               S/O GANESH,
               NELLITHARA HOUSE, ANANDASRAMAM P O,
               PULLUR VILLAGE,
               HOSDURG TALUK

               BY ADV. SRI.A.ARUNKUMAR

RESPONDENTS/STATE & DEFACTO COMPLAINANT:

       1       STATE OF KERALA
               REPRESENTED BY PUBLIC PROSECUTOR,
               HIGH COURT OF KERALA, ERNAKULAM-682031

       2       KUNHIRAMAN.K
               AGED 59 YEARS
               S/O KRISHNAN,
               KAPPANANKKAL HOUSE, KATTUKULANGARA,
               ANANDASRAMAM P O,
               AJANUR VILLAGE,
               HOSDURG TALUK,
               KASARGOD DISTRICT-671314

               R2 BY ADV. VIPIN T JOSE

OTHER PRESENT:

               PP T.R.RENJITH

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.5574 OF 2020
                                      3




                              O R D E R

Dated this the 8th day of January 2021

Petitioners are accused Nos.1 to 6 in

Crime No.135/2017 registered at the Hosdurg

Police Station, Kasargode for offences

punishable under Sections 341, 323, 109,

120B read with Section 34 of IPC, now

pending as C.C.No.159/2018 on the files of

the Judicial First Class Magistrate-I,

Hosdurg. The de facto complainant, at whose

instance the crime was registered, is

arrayed as the 2nd respondent. Annexure-AIII

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.

CRL.M.C.NO.5574 OF 2020

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 2nd 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 CRL.M.C.NO.5574 OF 2020

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.No.159/2018 on the

files of the Judicial First Class

Magistrate- I, Hosdurg is quashed.

Sd/-

V.G.ARUN JUDGE NB CRL.M.C.NO.5574 OF 2020

APPENDIX PETITIONERS'S EXHIBITS:

ANNEXURE-AI A CERTIFIED COPY OF THE FIR IN CRIME NO.135/2017 OF HOSDURG POLICE STATION

ANNEXURE-AII A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.135 OF 2017 OF HOSDURG POLICE STATION

ANNEXURE-AIII ORIGINAL AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT