Shivakumar vs State Of Kerala
2021 Latest Caselaw 8676 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                   THE HONOURABLE MR.JUSTICE V.G.ARUN

    TUESDAY, THE 16TH DAY OF MARCH 2021 / 25TH PHALGUNA, 1942

                        Crl.MC.No.412 OF 2021(B)

 AGAINST THE ORDER/JUDGMENT IN CC 605/2019 OF JUDICIAL MAGISTRATE
                     OF FIRST CLASS -I, ALUVA

   CRIME NO.3602/2018 OF ALUVA EAST POLICE STATION , Ernakulam


PETITIONER/S:

      1         SHIVAKUMAR,
                AGED 24 YEARS
                S/O JAYAKUMAR, KANDANAD HOUSE, VELIYATHUNADU,
                KARUMALLOOR VILLAGE, ERNAKULAM-683 511.

      2         VINAYAK,
                AGED 26 YEARS
                S/O SURESH BABU, MANAKKATHAZHAM HOUSE, EDAYAPURAM,
                KEEZHMADU VILLAGE, ERNAKULAM-683 112.

      3         ARAVIND,
                AGED 23 YEARS
                S/O JAYAKUMAR, PERUMBILLY HOUSE, NEAR KARTHAVU PADY,
                PULLUVAZHI, RAYAMANGALAM VILLAGE, ERNAKULAM-683 541.

      4         SAJITH KUMAR,
                AGED 23 YEARS
                S/O VELAYUDHAN, KALLIKKATTU PRAMBIL, NEAR THIRUVALOOR
                TEMPLE, ALANGAD, ERNAKULAM-683 511.

                BY ADV. SRI.C.Y.VINOD KUMAR

RESPONDENT/S:

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

      2         SUB INSPECTOR OF POLICE
                ALUVA EAST POLICE STATION, ALUVA ERNAKULAM-683 101.

      3         AMARNATH
                AGED 23 YEARS
                S/O ALOK NATH, THACHAMPADIKKAL HOUSE,NEAR VH COLONY,
 Crl.MC.No.412 OF 2021(B)

                              2

             ALUVA WEST VILLAGE, ERNAKULAM-683 102.

      4      HARIPRASAD
             S/O HARISH, JAYAVIHAR HOUSE, NEAR MUNICIPAL
             QUARTERS, OOMANKUZHITHADOM KARA, ALUVA WEST
             VILLAGE, ERNAKULAM-683 101

             R3-4 BY ADV. P.S.PRASOBH

OTHER PRESENT:

             PP T.R.RENJITH

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.412 OF 2021(B)

                                     3




                                  ORDER

Dated this the 16th day of March, 2021

Petitioners are the accused in Crime No.3602 of 2016

registered at the Aluva East Police Station for offences punishable

under Sections 341, 323, 324, and 34 of IPC, now pending as C.C No.

605 of 2019 on the files of the Judicial First Class Magistrate's Court-

I, Aluva, Ernakulam. The de facto complainant, at whose instance the

crime was registered, and the other injured person, are arrayed as

respondents 3 and 4. Annexures A2 and A3 are the affidavits filed by

respondents 3 and 4 respectively , stating that the dispute, which led

to registration of the crime, has been settled amicably and they have

no subsisting grievance in the matter.

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

instructions, submits that the petitioners have 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

respondents 3 and 4, 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. The fact that the petitioners Crl.MC.No.412 OF 2021(B)

and the de facto complainants were students when the accident

occurred, 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 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.

605 of 2019 on the files of the Judicial Magistrate's Court-I, Aluva,

Ernakulam is quashed.

Sd/-

V.G ARUN JUDGE

SJ Crl.MC.No.412 OF 2021(B)

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN CC NO 605/19 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATES COURT-1, ALUVA, ERNAKULAM DISTRICT

ANNEXURE A2 AFFIDAVIT SWORN BY THE 3RD RESPONDENT/DEFACTO COMPLAINANT

ANNEXURE A3 AFFIDAVIT SWORN BY THE 4TH RESPONDENT/CW2