Ajay Lal vs The State Of Kerala
2021 Latest Caselaw 7053 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                   THE HONOURABLE MR.JUSTICE V.G.ARUN

     MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942

                        Crl.MC.No.884 OF 2021(A)

  AGAINST THE JUDGMENT IN CC 414/2020 OF JUDICIAL MAGISTRATE OF
                    FIRST CLASS -II,PALAKKAD

       CRIME NO.57/2020 OF Kongad Police Station , Palakkad


PETITIONER/S:

      1         AJAY LAL
                AGED 24 YEARS
                S/O.APPUNNI, THRIPPALAMUNDA, KONGAD, PALAKKAD
                DISTRICT.

      2         SREEJITH
                AGED 23 YEARS
                S/O. AYYAPPANKUTTY, THRIPPALAMUNDA, KONGAD, PALAKKAD
                DISTRICT, PIN-678631.

      3         SABAREESH,
                AGED 23 YEARS
                S/O. RAMAKRISHNAN, THRIPPALAMUNDA, KONGAD, PALAKKAD
                DISTRICT, PIN-678631.
                BY ADV. SRI.RAJESH SIVARAMANKUTTY

RESPONDENT/S:

      1         THE STATE OF KERALA
                BY SUB INSPECTOR OF POLICE, KONGAD POLICE STATION,
                PALAKKAD (CRIME NO.57/2020), REP. BY PUBLIC
                PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-
                682031.
      2         RAMESH
                AGED 21 YEARS
                S/O.BHASKARAN, KARIYANKOVIL HOUSE, THRIPPALAMUNDA,
                PARASSERY, KONGAD, PALAKKAD DISTRICT, PIN-678631.
                R2 BY ADV. ARUL MURALIDHARAN

OTHER PRESENT:

                PP T.R.RENJITH

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.884 OF 2021(A)

                                    2


                                  ORDER

Dated this the 1st day of March, 2021

Petitioners are the accused in Crime No. 57 of 2020 registered

at the Kongad Police Station for offences punishable under Sections

341, 323, 324, 506(1) r/w 34 of IPC, now pending as C.C.No. 414/

2020 on the files of the Judicial First Class Magistrate Court-II,

Palakkad. The de facto complainant, at whose instance the crime was

registered , is arrayed as the 2 nd respondent. Annexure- B affidavit

has been filed by 2nd respondent stating that the dispute, which led to

registration of the crime, has been settled amicably and he has 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 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 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 Crl.MC.No.884 OF 2021(A)

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 C.C.No.

414 of 2020 on the files of the Judicial First Class Magistrate Court-II,

Palakkad is quashed.

Sd/-

V.G ARUN JUDGE

SJ Crl.MC.No.884 OF 2021(A)

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT LAID IN C.C.NO.414/2020 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE-II, PALAKKAD.

ANNEXURE B AFFIDAVIT OF THE 2ND RESPONDENT FILED BEFORE THIS HON'BLE COURT.

ANNEXURE C TRUE COPY OF THE SELECTION LIST FOR APPOINTMENT AS CONSTABLE IN ASSAM RIFLES OF THE 1ST PETITIONER.