Michael vs State Of Kerala
2021 Latest Caselaw 91 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.5586 OF 2020(G)

  AGAINST THE ORDER/JUDGMENT IN CC 510/2016 DATED 21-06-2016 OF
  JUDL. FIRST CLASS MAGISTRATE COURT,NORTH PARAVUR (TEMPORARY)

    CRIME NO.550/2016 OF VARAPPUZHA POLICE STATION , ERNAKULAM

PETITIONERS/ACCUSED:
       1     MICHAEL
             AGED 56 YEARS
             S/O. OUSEPH, CHAMMINIYODATHU HOUSE, KORAMBADAM KARA,
             KADAMAKKUDY, PIN - 682 027

      2      JISMON JOSI
             AGED 21 YEARS
             S/O. JOSI, CHAMMINIYODATHU HOUSE, KORAMBADAM KARA,
             KADAMAKKUDY, PIN - 682 027

      3      SAVIO MICHAEL
             AGED 29 YEARS
             S/O. MICHAEL, CHAMMINIYODATHU HOUSE, KORAMBADAM KARA,
             KADAMAKKUDY, PIN - 682 027

             BY ADV. K.K.VINOD

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

      2      THE SUB INSPECTOR OF POLICE
             VARAPPUZHA POLICE STATION, ERNAKULAM, PIN - 683517

      3      VIJIL V. A.
             AGED 31 YEARS
             S/O. ADRIYAN, VARIYATH HOUSE, KORAMBADAM KARA,
             KADAMAKKUDY, PIN - 682 027

             R3 BY ADV. K.S.BINOY

OTHER PRESENT:

             PP RENJITH T.R.

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.5586 OF 2020
                                  2




                              O R D E R

Dated this the 4th day of January 2021

in Crime No.550/2016 registered at the

Varappuzha Police Station, Ernakulam for

offences punishable under Sections 323,

294(b), 448, 506 (1) read with Section 34 of

IPC, now pending as C.C.No.510/2016 on the

files of the Judicial First Class Magistrate

Court-III, North Paravur. The de facto

complainant, at whose instance the crime was

registered, is arrayed as the 3rd respondent.

Annexure-A3 affidavit has been filed by 3rd

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.5586 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 3rd 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.5586 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.510/2016 on the

files of the Judicial First Class Magistrate

Court-III, North Paravur is quashed.

Sd/-

V.G.ARUN JUDGE NB CRL.M.C.NO.5586 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE FIR DATED 06.06.2016 IN CRIME NO.550/2016 OF VARAPUZHA POLICE STATION, ERNAKULAM

ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT DATED 21.06.2016 IN CRIME NO.550/2016 OF VARAPUZHA POLICE STATION, ERNAKULAM

ANNEXURE A3 ORIGINAL AFFIDAVIT FILED BY THE DEFACTO COMPLAINANT DATED 27.11.2020.