Alexander vs State Of Kerala
2021 Latest Caselaw 7909 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

     MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942

                      Crl.MC.No.821 OF 2021(C)

AGAINST THE ORDER/JUDGMENT IN SC 916/2016 OF SUB COURT AT PUNALUR,
                             KOLLAM.

      CRIME NO.764/2015 OF KUNNICODE POLICE STATION, KOLLAM


PETITIONER/ACCUSED:

             ALEXANDER
             AGED 47 YEARS
             S/O.KUNJAPPI, PALUVAYALIL PTHENVEETTIL HOUSE, MYLOM
             P.O., ALAKKUZHIMURI, KOLLAM-691 506.

             BY ADV. SRI.A.RAJASIMHAN

RESPONDENT/STATE AND THE INJURED:

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

      2      RAJEEV,
             AGED 47 YEARS
             S/O.SREEDHARAN NAIR, PALLIKIZHAKKETHIL HOUSE,
             THALAVUR P.O., ALAKKUZHIMUIRI, KOLLAM-691 508.

             R2 BY ADV. KUM.VYKHARI.K.U

OTHER PRESENT:

             PP T.R.RENJITH

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.821 OF 2021

                                       2




                               ORDER

Dated this the 8th day of March 2021

Petitioner is the accused in Crime No.764/2015

registered at the Kunnicode Police Station, Kollam for

offences punishable under Sections 324 and 308 of IPC,

now pending as S.C.No.916/2016 on the files of Judicial

First Class Magistrate Court, Punalur. The de facto

complainant, at whose instance the crime was registered

is arrayed as the 2nd respondent and has filed Annexure-

A2 affidavit stating that the dispute, which was the

reason for the incident and registration of the crime, has

been resolved amicably and he has no subsisting

grievance against the petitioner.

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 Crl.MC.No.821 OF 2021

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. 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. Annexure-A-1

final report in Crime No.764/2015 of Kunnicode Police

Station, pending as S.C.No.916/2016 on the files of

Judicial First Class Magistrate Court, Punalur are

quashed.

Sd/-

V.G.ARUN

JUDGE

NB/08.03.2021 Crl.MC.No.821 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.,764/2015 OF KUNNIKODE POLICE STATION PENDING AS SC NO.916/2016 IN SUB COURT, PUNALUR.

ANNEXURE A2 ORIGINAL AFFIDAVIT OF THE 2ND RESPONDENT DATED 05.02.2021.

RESPONDENT'S EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE