Abdul Latheef vs State Of Kerala
2021 Latest Caselaw 7121 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.462 OF 2021(G)

  AGAINST THE JUDGMENT IN CC 2425/2020 OF JUDICIAL MAGISTRATE OF
                     FIRST CLASS -II, KOLLAM

     CRIME NO.2489/2020 OF ERAVIPURAM POLICE STATION , Kollam


PETITIONER/S:

                ABDUL LATHEEF
                AGED 69 YEARS
                S/O. ABDUL RAZAK, S/O. ABDUL RAZAK, KUZHIYIL VEEDU,
                THEJUS NAGAR 30, KAYYALAKKAL CHERRY, ERAVIPURAM
                VILLAGE, KOLLAM.

                BY ADVS.
                SRI.B.MOHANLAL
                SMT.P.S.PREETHA

RESPONDENT/S:

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

      2         THE STATION HOUSE OFFICER
                ERAVIPURAM POLICE STATION, ERAVIPURAM P.O, KOLLAM-691
                011.

      3         SABU
                S/O. ABDUL RASHEED, KOTTILKKADA NAGAR-115, ARIVAL
                MUKKU, THAZHATHU CHERRY, MAYYANAD VILLAGE, KOLLAM 691
                303, (FROM PATTANI THANGAL NAGAR -13, KAYYALAKKAL
                CHERRY, ERAVIPURAM VILLAGE, KOLLAM).

                R3 BY ADV. MANSOOR ALI

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.462 OF 2021(G)

                                   2

                               ORDER

Dated this the 1st day of March, 2021

Petitioner is the accused in Crime No. 2489 of 2020 registered

at the Eravipuram Police Station for offences punishable under

Sections 435, 427 of IPC, now pending as C.C.No.2425 of 2020 on the

files of the Judicial First Class Magistrate Court- II, Kollam. The de

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

arrayed as the 3rd respondent. Annexure A3 affidavit has been filed by

3rd respondent stating that the dispute, which led to registration of the

crime, has been settled amicably and that 3 rd respondent has no

subsisting grievance in the matter.

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 3 rd

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

process of court and hence, in view of the legal position set out by the Crl.MC.No.462 OF 2021(G)

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.

2425 of 2020 on the files of the Judicial First Class Magistrate Court-

II,Kollam is quashed.

Sd/-

V.G ARUN JUDGE

SJ Crl.MC.No.462 OF 2021(G)

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 THE TRUE CERTIFIED COPY OF THE FIR AND FIS IN CRIME NO. 2489/2020 OF ERAVIPURAM POLICE STATION IN KOLLAM DISTRICT.

ANNEXURE A2 THE TRUE COPY CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 2489/2020 OF ERAVIPURAM POLICE STATION IN KOLLAM DISTRICT PENDING AS C.C. NO. 2425/2020 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOLLAM.

ANNEXURE A3 THE TRUE COPY OF THE AFFIDAVIT DATED 23.01.2021 SUBMITTED BY THE 3RD RESPONDENT BEFORE THIS HON'BLE COURT.