Vishnu vs State Of Kerala
2021 Latest Caselaw 970 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.5487 OF 2020(E)

  AGAINST THE JUDGMENT IN CC 1474/2018 OF JUDICIAL MAGISTRATE OF
                FIRST CLASS, ATTINGAL (TEMPORARY)

       CRIME NO.106/2018 OF Chirayinkeezhu Police Station ,
                        Thiruvananthapuram


PETITIONER:

               VISHNU
               AGED 26 YEARS
               S/O.BABU, VISHNU HOUSE, KOONTHALLOOR DESOM,
               KEEZHUVILOM VILLAGE, CHIRAYINKEEZHU P.O.,
               THIRUVANANTHAPURAM DISTRICT.

               BY ADV. SRI.SHAJIN S.HAMEED

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
               KERALA, ERNAKULAM, PIN-682030.

      2        PRAVEEN
               AGED 32 YEARS
               S/O.BHASKARAN, CHERUVILAKKOM HOUSE, NEAR
               YUVAPRATHIBHA CLUB, PALAKUNNU DESOM, SARKARA VILLAGE,
               CHIRAYINKEEZHU P.O., THIRUVANANTHAPURAM DISTRICT, PIN
               CODE-695304.

      3        NITHIN
               AGED 31 YEARS
               S/O.RATHEESH, PALAKKUNNU KEEZHVEETIL, KOONTHALLOOR
               DESOM, KEEZHVILOM VILLAGE, CHIRAYINKIL,
               THIRUVANANTHAPURAM DISTRICT, PIN CODE-695304.

               R2-3 BY ADV. BIJU VARGHESE ABRAHAM

               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 5487/2020                            2

                                   V.G.ARUN, J.
                 ===========================
                         Crl.M.C.No.5487 of 2020
                 ===========================
                   Dated this the 11th day of January, 2021


                                        ORDER

Petitioner is the accused in Crime No.106 of 2018

registered at the Chirayinkeezhu Police Station for the offence

punishable under Sections 143, 147, 148, 323, 324 & 427 r/w

149 of IPC, now pending as C.C.No.1474 of 2018 of Judicial First

Class Magistrate-III, Attingal. The de facto complainants at

whose instance the crime was registered are respondents 2 and

3. Annexure E affidavit has been filed by the 2nd respondent,

and Annexure F by the 3rd 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 2 and 3, 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.

Under normal circumstances, piece-meal quashing of

proceedings is not entertained by this court. As far as the

instant case is concerned, learned counsel appearing for the

petitioner submits that petitioner's employment is at stake,

unless and until the proceedings are quashed and certificate to

that effect produced before the authorities. Taking the special

circumstances and the fact that the allegation is only of an

offence under Section 324 IPC, having been committed by the

petitioner along with others, the prayer for quashing the

proceedings is being entertained. 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.1474 of 2018 of Judicial First Class Magistrate-III,

Attingal is quashed. Sd/-

V.G.ARUN JUDGE

lgk

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A PHOTOCOPY OF THE FIR IN CRIME NO.106/2018 OF CHIRAYINKIL POLICE STATION.

ANNEXURE B CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.106/2018 OF CHIRAYINKIL POLICE STATION.

ANNEXURE C PHOTOCOPY OF THE PAYSLIP FOR THE MONTH OF JULY, AUGUST AND SEPTEMBER-2020 ISSUED TO THE PETITIONER BY GVK EMERGENCY MANAGEMENT AND RESEARCH INSTITUTE, HYDERABAD.

ANNEXURE D PHOTOCOPY OF THE CERTIFICATE ISSUED BY THE STATION HOUSE OFFICER, CHIRAYINKEEZHU POLICE STATION.

ANNEXURE E AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT.

ANNEXURE F AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT.