Adarsh vs The State Of Kerala
2021 Latest Caselaw 7120 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.487 OF 2021(A)

  AGAINST THE JUDGMENT IN CC 359/2019 OF JUDICIAL MAGISTRATE OF
                   FIRST CLASS , MANANTHAVADY

     CRIME NO.221/2019 OF Thalapuzha Police Station , Wayanad


PETITIONER/S:

      1         ADARSH
                AGED 22 YEARS
                S/O. PRADEEP KUMAR, GOPALAM HOUSE, NADUVILATT,
                VENGERI, KOZHIKODE.

      2         LIJIN,
                AGED 22 YEARS
                S/O. JAYAN, SOPANAM (H), KULAKKODE, VELLANAD,
                TRIVANDRUM.

      3         ASHFAQ,
                AGED 22 YEARS
                S/O. ABDUL KHADER, MURIKKAD, MADAYI, PUTHIYANGADI,
                KANNUR.

      4         SREERAJ,
                AGED 21 YEARS
                S/O. RAJAN, MOOTHEDATHKUDI (H), VYPIN, NAYARAMBALAM.

      5         NIKHIL K,
                AGED 21 YEARS
                S/O. SURESH, KARUPARAMBIL (H), THANALOOR, MALAPPURAM.

      6         AJMAL ROSHAN,
                AGED 20 YEARS
                S/O. NOUSHAD, CHUNDAYIL (H), ERUMAMUNDA,
                KURUMBALANGOD, MALAPPURAM.

      7         SAFEER,
                AGED 21 YEARS
                PANAKKAD (H), THANALOOR, MALAPPURAM.

                BY ADV. SRI.K.DILIP
 Crl.MC.No.487 OF 2021(A)

                                 2

RESPONDENT/S:

      1         THE STATE OF KERALA
                REP. BY THE SUB INSPECTOR OF POLICE, THALAPPUZHA
                POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH
                COURT OF KERALA AT ERNAKULAM.

      2         ARJUN
                AGED 21 YEARS
                S/O. MADHUSUDHANAN, NEEROLICHAL, VRINDAVANAM,
                KOOTHUPARAMBU, NIRMALAGIRI-670 701

                R2 BY ADV. SUSAN MATHEW

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.487 OF 2021(A)

                                     3

                                 ORDER

Dated this the 1st day of March, 2021

Petitioners are the accused in Crime No. 221/2019 registered at

the Thalappuzha Police Station for offences punishable under

Sections 143, 147, 341, 323, 294, r/w Section 149 of Indian Penal

Code, now pending as C.C.No. 00359/19 on the files of the Judicial

First Class Magistrate Court-I, Mananthavady. The de facto

complainant, at whose instance the crime was registered, is arrayed

as the 2nd respondent. Annexure- II affidavit has been filed by 2 nd

respondent stating that the dispute, which led to registration of the

crime, has been settled amicably and that 2 nd respondent has no

subsisting grievance in the matter.

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

instructions, that there are two other crimes against the petitioners,

but it is fair enough to point out that the offences alleged in both

crimes are punishable under Section 323 IPC.

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, Crl.MC.No.487 OF 2021(A)

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. Taking into the fact that the petitioner as well as the de facto

complainant/ injured were students, when the incident occured.

In the result, this Crl.M.C is allowed. The proceedings in C.C.No.

00359 of 19 on the files of the Judicial First Class Magistrate Court-I,

Mananthavady is quashed.

Sd/-

V.G ARUN JUDGE

SJ Crl.MC.No.487 OF 2021(A)

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE I A CERTIFIED COPY OF THE FINAL REPORT FILED IN CRIME NO. 221/2019 OF THALAPPUZHA POLICE STATION DATED 23.10.2019.

ANNEXURE II A TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 15.1.2021.