Sajad vs State Of Kerala
2021 Latest Caselaw 967 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

     MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942

                       Crl.MC.No.703 OF 2020(G)

   AGAINST THE JUDGMENT IN SC 239/2011 OF JUDICIAL FIRST CLASS
                    MAGISTRATE COURT, PARAVUR

      CRIME NO.1332/2010 OF Paravoor Police Station , Kollam

PETITIONER:

               SAJAD
               AGED 32 YEARS
               S/O. JAMALUDHEEN, M.N MANZIL, THEKKUMBAGAM CHERRY,
               KOTTAPPURAM VILLAGE, KOLLAM.

               BY ADV. SRI.M.R.SASITH
RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
               KERALA, ERNAKULAM, PIN 682 013

      2        THE SUB INSPECTOR
               PARAVOOR POLICE STATION,KOLLAM,PIN 683513

      3        NISAD
               S/O SAJITH,NISAMANZIL,THEKKUMBHAGAM
               CHERRY,KOTTAPPURAM VILLAGE,691503

      Addl.4 SHOUKATHALI,
             AGED 80
             YEARS,MUHAMMEDN00HU,NIZAMANZIL,THEKKUMBHAGOM,PARAVOOR
             KOLLAM,PIN 691503

      Addl.5 NAJMILNIZA,
             D/O HABSABEEVI,AGED
             49,NIZAMANZIL,THEKKUMBHAGOM,PARAVOOR,KOLLAM,691503

               Addl.respondents impleaded as per order dated
               16.11.2020 in Crl.M.A.1 of 2020.

          R4-5 BY ADV. SHRI.RANJITH E N

             SR.PP.C.S.HRITHWIK
     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crmc 703/2020                            2

                                       V.G.ARUN, J.

                ===========================
                         Crl.M.C.No.703 of 2020
                ===========================
                  Dated this the 11th day of January, 2021


                                       ORDER

Petitioner is the accused in Crime No.1332 of 2010

registered at the Paravur Police Station for the offence punishable

under Sections 324, 294(b) and 451 of IPC, now pending as

S.C.No.239 of 2011 of Judicial First Class Magistrate, Paravur.

The de facto complainants at whose instance the crime was

registered are respondents 3, 4 and 5. Annexure A3 affidavit

has been filed by the 3rd respondent, Annexure 4 by the 4th

respondent and Annexure 5 by the 5th respondent stating that

the dispute has been settled and that they have no subsisting

grievance against the petitioner.

2. Heard the learned Public Prosecutor also, who, on

instructions, submits that the petitioner has 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 respondents 3, 4 and 5, 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. 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

S.C.No.239 of 2011 of Judicial First Class Magistrate, Paravur is

quashed.

Sd/-

V.G.ARUN JUDGE

lgk

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO.

1332/2010 OF PARAVOOR POLICE STATION, KOLLAM

ANNEXURE A2 CERTIFIED COPY OF FINAL REPORT SUBMITTED BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT, PARAVOOR

ANNEXURE A3 TRUE COPY OF THE AFFIDAVIT FILED BY THE 3RD RESPONDENT.

ANNEXURE 4 ATTESTED COPY OF THE AFFIDAVIT DATED 12.3.2020 FILED BY R4

ANNEXURE 5 ATTESTED COPY OF THE AFFIDAVIT DATED 12.3.2020 FILED BY R5