Kerala High Court
Sumesh Kumar vs State Of Kerala on 25 March, 2021
Crl.MC.4815/2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943
Crl.MC.No.4815 OF 2020(B)
AGAINST THE ORDER/JUDGMENT IN SC 873/2018 OF SUB COURT,
KARUNAGAPPALLY
CRIME NO.2893/2017 OF Karunaagapally Police Station , Kollam
PETITIONER/S:
1 SUMESH KUMAR
AGED 43 YEARS
S/O SURESH KUMAR,KAVINTE
PADINJATTATHIL,ERAVICHIRA,WESTMURI,
SOORANADU SOUTH VILLAGE,KARUNAGAPPALLY,
KOLLAM DISTRICT.
2 AKHIL @ APPU,
S/O HARILAL,HARI BHAVANAM,
MUZHANGODI MURI,THODIYOOR VILLAGE,PRESENTLY
RESIDING AT KUTTIYADIYIL VEEDU,SOUTH MYNAGAPPALLY
MURI,MYNAGAPPALLYVVILLAGE,KARUNAGAPPALLY,
KOLLAM DISTRICT.
3 SANAL,
S/O SATHEESHAN,REKHA BHAVANAM,MUZHANGODI
MURI,THODIYOOR VILLAGE,KARUNAGAPPALLY,
KOLLAM DISTRICT.
4 SREELAL,
S/O CHANDRAN,PALLIPPATTU PADEETTATHIL,
PULIYOOR VANCHI NORTH MURI,THODIYOOR VILLAGE,
KARUNAGAPPALLY,KOLLAM DISTRICT.
5 JAYANTH,
S/O MURALEEDHARAN NAIR,THATTAYKKATTUVEEDU,
KALLELI BHAGOM VILLAGE,KARUNAGAPPALLY,
KOLLAM.
BY ADV. SRI.M.R.SASITH
Crl.MC.4815/2020 2
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM,
PIN-682031.
2 THE SUB INSPECTOR
KARUNAGAPPALLY POLICE STATION,
KOLLAM,PIN-691572.
3 OMANAKUTTAN
AGED 46 YEARS
S/O GOPALAN,SANTHOSH BHAVANAM,
SOUTH WEST MURI,THAZHAVA VILLAGE,
KARUNAGAPPALLY,KOLLAM DISTRICT,
PIN-691572.
4 VASUDEVAN
AGED 68 YEARS
S/O NANU,KOTTE VADAKKATHIL KADATHOOR
MURI,KADATHOOR.P.O, THAZHAVA VILLAGE,
KARUNAGAPPALLY,PIN-691572.
R3-4 BY ADV. BIPIN.K.S
R3-4 BY ADV. SHRI.RANJITH E N
OTHER PRESENT:
SR.PP.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
25.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.4815/2020 3
V.G.ARUN, J.
-----------------------------------------------
CRL.M.C.No. 4815 of 2020
-----------------------------------------------
Dated this the 25th day of March, 2021
ORDER
Petitioners are the accused in Crime No. 2893 of 2017, registered
at the Karunagappally Police Station for offences punishable under
Sections 143, 147, 148, 452, 308, 294(b), 506(ii), 341, 427 read with
149 of IPC, now pending as S.C.No.873 of 2018 on the files of the
Assistant Sessions Court, Karunagappaly. The de facto complainant, at
whose instance the crime was registered, is arrayed as the 3 rd
respondent and the injured as the 4 th respondent. Annexures A2 and
A3 affidavits have been filed by respondents 3 and 4 stating that the
dispute, which led to registration of the crime, has been settled
amicably and that they have no subsisting grievance in the matter.
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 and 4, 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.
In the result, this Crl.M.C is allowed. The proceedings in
S.C.No.873 of 2018 on the files of the Assistant Sessions Court,
Karunagappaly is quashed.
Sd/-
V.G.ARUN, JUDGE
vgs
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF FINAL REPORT FILED BY
INVESTIGATION OFFICER.
ANNEXURE A2 TRUE COPY OF THE AFFIDAVIT SWORN BY THE 3RD
RESPONDENT.
ANNEXURE A3 TRUE COPY OF THE AFFIDAVIT SWORN BY THE 4TH
RESPONDENT.
