Akhil vs State And Defacto-Complainant
2021 Latest Caselaw 10317 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

     FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943

                     Crl.MC.No.1663 OF 2021(G)

AGAINST THE ORDER/JUDGMENT IN ST 3508/2017 OF JUDICIAL MAGISTRATE
                     OF FIRST CLASS ,ALATHUR

  CRIME NO.1242/2017 OF VADAKKANCHERRY POLICE STATION, PALAKKAD


PETITIONERS: ACCUSED NOS 1 TO 4:

      1      AKHIL
             AGED 26 YEARS
             S/O. LAKSHMANAN, CHETTITHARAKADU, KIZAKUMCHERRY,
             PALAKKAD.

      2      GOKUL
             AGED 26 YEARS
             S/O. KRISHNAN, CHETTITHARAKADU, KIZAKUMCHERRY,
             PLAKKAD.

      3      RAHUL
             AGED 22 YEARS
             S/O. KRISHNAN, K.K.NIVAS, KAPPILMEDU, KRISHNAPURAM,
             KAYAMKULAM, ALAPPUZHA.

      4      DILEEP
             AGED 25 YEARS
             KARAPARA, PLACHIKADU, KEZAKANCHERRY, PALAKKAD.

             BY ADV. SRI.M.VIVEK

RESPONDENTS:STATE AND DEFACTO-COMPLAINANT

      1      STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM-682 031.

      2      VINODH
             AGED 27 YEARS
             S/O. VIJAYAN, CHETTITHARAKADU, MOOLAMKKODE,
             KIZHAKKENCHRRY, ALATHUR, PALAKKAD, PIN-678 683.

             R2 BY ADV. ARUN ASHOK


OTHER PRESENT:
 CRL.M.C.NO.1663 OF 2021
                                    2

               SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
26.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.1663 OF 2021
                                    3




                               ORDER

Dated this the 26th day of March 2021

Petitioners are accused Nos. 1, 3, 4 & 6 in Crime

No.1242/2017 registered at the Vadakkenchery Police

Station, Palakkad for offences punishable under Sections

143, 147, 341, 323 & 506(i) read with Section 149 of

IPC, now pending as S.T.No.3508/2017 on the files of

Judicial First Class Magistrate Court, Alathur. Accused

Nos. 2 & 5 in the aforesaid crime are juveniles. The de

facto complainant, at whose instance the crime was

registered is arrayed as the 2 nd respondent and has filed

Annexure-B affidavit, 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.

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 CRL.M.C.NO.1663 OF 2021

the affidavit filed by the 2 nd 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 SCC 303],

there is no impediment in granting the relief sought.

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

Further proceedings in S.T.No.3508/2017 on the files of

Judicial First Class Magistrate Court, Alathur is quashed.

Sd/-

V.G.ARUN

JUDGE

NB/26.03.2021 CRL.M.C.NO.1663 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A ACCUSED COPY OF FINAL REPORT IN CRIME NO.1242 OF 2017 OF VADAKKENCHERRY POLICE STATION.

ANNEXURE B AFFIDAVIT DATED 12.3.2021 SWORN BY THE 2ND RESPONDENT.

RESPONDENT'S EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE