Shijith.V vs The State Of Kerala
2021 Latest Caselaw 7617 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

    THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942

                      Crl.MC.No.6841 OF 2019(E)

 AGAINST THE ORDER/JUDGMENT IN CC 195/2019 OF JUDICIAL MAGISTRATE
                  OF FIRST CLASS ,PARAPPANANGADI

      CRIME NO.73/2019 OF Tanur Police Station , Malappuram


PETITIONER:

               SHIJITH.V.,
               AGED 35 YEARS
               S/O. GOPALAN, VERAMBIL HOUSE, CHIRAKKAL, TANUR,
               MALAPPURAM DISTRICT

               BY ADV. SRI.R.RANJITH (MANJERI)

RESPONDENTS:

      1        THE STATE OF KERALA,
               REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
               KERALA, ERNAKULAM, KOCHI - 682 031 - FOR THE SUB
               INSPECTOR OF POLICE, POTHUKALLU POLICE STATION,
               MALAPPURAM DISTRICT.

      2        GOKULAPALAN
               AGED 67 YEARS
               S/O KUMARAN, MUNDEKKATTU HOUSE, CHIRAKKAL, TANUR,
               MALAPPURAM DISTRICT - 676 302

               R2 BY ADV. A.P.NIDHIN KUMAR

OTHER PRESENT:

               SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.6841 OF 2019(E)
                                  2




                            O R D E R

Dated this the 4th day of March 2021

Petitioner is the accused in C.C.No.195/2019 on the

file of Judicial First Magistrate Court, Parappanangadi, arising

out of Crime No.73 of 2019 registered at the Tanur Police

Station, Malappuram District for offences punishable under

Sections 447, 324, 506(i) and 294(b) of the IPC. The de facto

complainant, at whose instance the crime was registered is

arrayed as the 2nd respondent. Annexure C affidavit has been

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

to registration of the crime, has been settled amicably and

that he 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 2nd respondent, the contents of which are

submitted to be true and voluntary, I am satisfied that the Crl.MC.No.6841 OF 2019(E)

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 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.195/2019 on the files of Judicial First

Magistrate Court, Parappanangadi is quashed.

Sd/-

V.G.ARUN

JUDGE

RMV/04/03 Crl.MC.No.6841 OF 2019(E)

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A TRUE COPY OF THE FIR IN CRIME NO.73/2019 OF THE TANUR POLICE STATION

ANNEXURE B TRUE COPY OF THE MEMORANDUM OF EVIDENCE ALONG WITH CHARGE IN CRIME NO. 73/2019 OF THE TANUR POLICE STATION

ANNEXURE C TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT

ANNEXURE D CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.73/2019 OF TANUR POLICE STATION.