Sebastian vs State Of Kerala
2021 Latest Caselaw 7257 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR.JUSTICE V.G.ARUN

    TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942

                       Crl.MC.No.1109 OF 2021(G)

 AGAINST THE ORDER/JUDGMENT IN C.P 10/2019 OF JUDICIAL MAGISTRATE
                     OF FIRST CLASS -I,KOCHI

    CRIME NO.1211/2018 OF KANNAMALY POLICE STATION, ERNAKULAM


PETITIONERS/ACCUSED:

      1      SEBASTIAN
             AGED 38 YEARS
             S/O. ANTHAPPAN, NADUVILAVEETTIL, KALATHARA,
             PALLURUTHY VILLAGE, PALLURUTHY, PIN-682 006

      2      SHAJI @ JOSEPH,
             AGED 41 YEARS
             S/O. PHILIP @ KUNJAPPAN, KAKARIYIL VEEDU, NEAR
             IMMANUEL CHURCH, BEACH ROAD, KOCHI 682.

      3      JERRY,
             AGED 37 YEARS
             POOTHAPARAMBIL PALLURUTHY VILLAGE, PALLURUTHY,
             PIN-682 006.

      4      THANKACHAN,
             AGED 48 YEARS
             S/O ANTHAPPAN, NADUVILAVEETTIL, KALATHARA,
             PALLURUTHY VILLAGE, PALLURUTHY, PIN-682 006

      5      THOMAS
             AGED 41 YEARS
             S/O. ANTHAPPAN, NADUVILAVEETTIL, KALATHARA,
             PALLURUTHY VILLAGE, PALLURUTHY, PIN-682 006

             BY ADV. SRI.C.S.YESUDAS


RESPONDENTS/STATE & DE FACTO COMPLAINANT:

      1      STATE OF KERALA
             REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE,
             KANNAMALY POLICE STATION, THROUGH THE PUBLIC
             PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
 CRL.M.C.NO.1109 OF 2021
                                    2

       2       CLYTEN @ SHEIK
               S/O. CLEETUS, AGED 38 YEARS, POLLAYIL HOUSE,
               MANASSERY, MUNDAMVELI P.O, KOCHI-682 507

       3       JACOB O.J.,
               S/O. JOSEPH, AGED 40 YEARS, OOTTUPARAMBIL HOUSE,
               MANASERY, MUNDAMVELI P.O, KOCHI 682 507.

               R2-3 BY ADV. P.L.MARY TREASA

OTHER PRESENT:

               SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
02.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.1109 OF 2021
                                    3




                             ORDER

Dated this the 2nd day of March 2021

Petitioners are the accused in Crime

No.1211/2018 registered at the Kannamaly Police

Station, Kochi City for offences punishable under

Sections 307, 324, 294(b), 427, 143 & 148 read with

Section 34 of IPC, now pending as C.P.No.10/2019 on

the files of Judicial First Class Magistrate Court-I,

Kochi. The de facto complainant and the other

injured person are arrayed as the 2nd and 3rd

respondents. They have filed Annexure-A2 &

Annexure-A3 affidavits stating that the dispute, which

was the reason for the incident and registration of the

crime, has been resolved amicably and they have no

subsisting grievance against the petitioners.

2. Even though, the offence under Section 307

of I.P.C. is alleged, perusal of the statement given by

the injured shows that he sustained nasal bone CRL.M.C.NO.1109 OF 2021

fracture, when the oar with which he was assaulted

broke and hit on his nose.

3. Heard the learned Public Prosecutor also,

who, on instructions, submits that the petitioners

have no criminal antecedents.

4. Having considered the gravity of the offences

alleged, nature of the injury caused and having

perused the affidavits filed by the 2nd and 3rd

respondents, 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. The fact that the incident occurred during a

local boat race and that, even according to the

version of the injured, he sustained nasal bone

fracture when the oar with which the petitioner beat

him, broke and hit his nose, is also taken into

consideration. 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 CRL.M.C.NO.1109 OF 2021

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. Annexure-

A-I charge sheet/Final Report in Crime No.1211/2018

of Kannamaly Police Station and further proceedings

in C.P.No.10/2019 on the files of Judicial First Class

Magistrate Court-I, Kochi are quashed.

Sd/-

V.G.ARUN

JUDGE

NB CRL.M.C.NO.1109 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE CHARGE IN C.P. NO.

10/2018 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT I, KOCHI.

ANNEXURE A2 ORIGINAL OF THE AFFIDAVIT DATED 21.2.2021 SWORN BY THE 2ND RESPONDENT.

ANNEXURE A3 ORIGINAL OF THE AFFIDAVIT DATED 21.2.2021 SWORN BY THE 3RD RESPONDENT.

RESPONDENT'S EXHIBITS: NIL

TRUE COPY P.A. TO JDUGE