Sherin Favas vs State Of Kerala
2021 Latest Caselaw 89 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR.JUSTICE V.G.ARUN

     MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942

                      Crl.MC.No.5675 OF 2020(H)

AGAINST THE JUDGMENT IN CC 3/2020 OF JUDICIAL MAGISTRATE OF FIRST
                       CLASS -IV,KOZHIKODE

    CRIME NO.831/2019 OF Nadakkavu Police Station , Kozhikode


PETITIONER/ACCUSED:

      1      SHERIN FAVAS
             AGED 20 YEARS
             S/O.SHABEER, KONNASSERIKUNI HOUSE, THEEKKODI P.O.,
             KOZHIKODE-673529.

      2      MIDHUN KRISHNA,
             AGED 20 YEARS
             S/O. BAIJU, POYYERI HOUSE, MAMPETTA, MANASSERY P.O.,
             KOZHIKODE-673602.

      3      MUHAMMED HISHAM,
             AGED 20 YEARS
             S/O.BASHEER, PARAKKAL HOUSE, ADUKKATH, KUTTIYADI
             P.O., KOZHIKODE-673508.

      4      ROSHAN JACOB,
             AGED 20 YEARS
             S/O. JOHN SANTHOSH, LATHA NIVAS, AMBALAPARAMBA,
             VELLIMADUKUNNU, MERIKUNNU P.O., KOZHIKODE-673012.

      5      AKSHAY M.,
             AGED 20 YEARS
             S/O.SURENDRAN M., AKSHAYA HOUSE, PANCHANAPARAMBIL,
             KOTTAMANGALAM, FAROOQ COLLEGE P.O., KOZHIKODE-673632.

      6      ADHARSH S.,
             AGED 20 YEARS
             S/O. SHARNGADHARAN, NANDHANAM HOUSE, VALLATH,
             MOOZHIKKAL, CHELAVOOR P.O., KOZHIKODE-673571.

      7      FRANKLIN MATHEW,
             AGED 20 YEARS
             S/O. JACOB JOHN, JAIN VILLA, VALLATH, MOOZHIKKAL,
             CHELAVOOR P.O., KOZHIKODE-673571.
 Crl.MC.No.5675 OF 2020(H)     ..2..


      8      NAFAZ N.M.,
             AGED 20 YEARS
             S/O. NAJEEB, MANKKODAN HOUSE, PINANGOD, KALPETTA
             P.O., WAYANAD-673121.

      9      MUHAMMED NADEEM,
             AGED 20 YEARS
             S/O. NASEER, THATHAMMA POYIL HOUSE, MALAYAMMA P.O.,
             CHATHAMANGALAM, KOZHIKODE-673601.

             BY ADV. SRI.T.D.SUSMITH KUMAR

RESPONDENT/STATE/COMPLAINANT/DE FACTO COMPLAINANT/CW2,CW3:

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

      2      SUB INSPECTOR OF POLICE
             NADAKKAVU POLICE STATION, KOZHIKODE-673006.

      3      NIHAD.A
             AGED 19 YEARS
             S/O. NAJEES M.M., NAAZ HOUSE, CHETTIYAMKANDI
             PARAMBA, PANNIYANKARA, KALLAI P.O., KOZHIKODE-
             673003.

      4      AJAY
             AGED 19 YEARS
             S/O. UNNIKRISHNAN, SREELAKSHMI HOUSE, PALAKKAL
             PARAMBA, PUTHOOR, POORATHARA, PUTHIYANGADI P.O.,
             KOZHIKODE-673021.

      5      ALEX VARGHESE
             AGED 20 YEARS
             S/O. VARGHESE, MENACHERY HOUSE, MORKKAVU, PINAGOTTU
             P.O., KALPETTA, WAYANAD-673122.

             R3-5 BY ADV. P.JERIL BABU

OTHER PRESENT:

             SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.5675 OF 2020(H)         ..3..




                                  ORDER

Dated this the 4th day of January 2021

Petitioners are the accused in Crime

No.831/2019 registered at the Nadakkavu Police

Station for offences punishable under Sections 143,

147, 148, 323, 324 r/w 149 of IPC, now pending as

C.C.No.3/2020 on the files of the Judicial First Class

Magistrate Court-IV, Kozhikode. The de facto

complainant and the other persons injured are

arrayed as respondents 3 to 5. Annexures-A3 to A5

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 no subsisting grievance

against the petitioners.

Crl.MC.No.5675 OF 2020(H) ..4..

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 to 5, 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. The

fact that both petitioners as well as the de facto

complainants were students 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 Crl.MC.No.5675 OF 2020(H) ..5..

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.

In the result, this Crl.M.C is allowed. The

proceedings in C.C.No.3/2020 on the files of the

Judicial First Class Magistrate Court-IV, Kozhikode is

quashed.

Sd/-

                                              V.G.ARUN
      SB/04/01/2021                             JUDGE
 Crl.MC.No.5675 OF 2020(H)        ..6..




                               APPENDIX
      PETITIONER'S/S EXHIBITS:

      ANNEXURE A1           THE CERTIFIED COPY OF THE F.I.R. IN

CRIME NO.831 OF 2019 OF NADAKKAVU POLICE STATION DATED 16.10.2019.

ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT HAVING NO.1033/19 DATED 28.12.2019 OF NADAKKAVU POLICE STATION.

ANNEXURE A3 THE AFFIDAVIT DATED 23.11.2020 SWORN BY THE 3RD RESPONDENT.

ANNEXURE A4 THE AFFIDAVIT DATED 23.11.2020 SWORN BY THE 4TH RESPONDENT.

ANNEXURE A5 THE AFFIDAVIT DATED 23.11.2020 SW0RN BY THE 4TH RESPONDENT.

//true copy// P.A to Judge