Rasa Muhammed vs State Of Kerala
2021 Latest Caselaw 8916 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR.JUSTICE V.G.ARUN

   WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942

                     Crl.MC.No.980 OF 2021(B)

AGAINST THE ORDER/JUDGMENT IN CC 1093/2019 OF JUDICIAL FIRST CLASS
                  MAGISTRATE COURT, MATTANCHERY

   CRIME NO.339/2019 OF MATTANCHERRY POLICE STATION, ERNAKULAM


PETITIONERS/ACCUSED 1 TO 3:

      1      RASA MUHAMMED
             AGED 21 YEARS
             S/O.M.M.S RAJ, C. MANSOOR (H), DHARMASHALA ROAD,
             AMRAVATHY, FORT KOCHI, ERNAKULAM.

      2      YASIM R.
             AGED 19 YEARS
             S/O.RIYAS, HOUSE NO.6/539, LOBO, MATTANCHERY,
             ERNAKULAM

      3      ASLAH C.A.
             AGED 19 YEARS
             S/O.ANVAR, HIDAYATH (H), HOUSE NO.20/974, PALLURUTHI
             VELI, ERNAKULAM

             BY ADVS.
             SRI.RAHUL SASI
             SMT.NEETHU PREM
             SHRI.VIVEK.P.K

RESPONDENTS/COMPLAINANTS:

      1      STATE OF KERALA
             REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
             ERNAKULAM 682 031

      2      SAHIL
             AGED 19 YEARS
             S/O.SUBAIR, KAMBIVELIKKAKAM, VEED, PUTHUKKUDY
             PARAMBU, NEAR PYARY JN., THOPPUMPADY P.O., KOCHI 682
             005

      3      AMAN SHERIEF
             AGED 19 YEARS
             S/O.K.S.NAZAR, CC.27/349A, FORT KOCHI P.O., COCHIN
             682 001.
 CRL.M.C.NO.980 OF 2021
                                 2



               R2-3 BY ADV. NIRMAL V NAIR

OTHER PRESENT:

               PP T.R.RENJITH

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.980 OF 2021
                                 3




                           ORDER

Dated this the 17th day of March 2021

Petitioners are accused Nos. 1 to 3 in Crime

No.339/2019 registered at the Mattanchery Police

Station, Kochi City for offences punishable under

Sections 323 & 324 read with Section 34 of IPC, now

pending as C.C. No.1093/2019 on the files of Judicial

First Class Magistrate, Mattanchery. The de facto

complainant, at whose instance the crime was

registered and the other injured person, arrayed as

2nd & 3rd respondents respectively, have filed

Annexure-A2 & 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. Heard the learned Public Prosecutor also,

who, on instructions, submits that as against the first CRL.M.C.NO.980 OF 2021

petitioner, another crime has been registered for

offences under Sections 323, 506 & 427 of I.P.C., and

that the other petitioners have no criminal

antecedents.

3. Having considered the gravity of the offences

alleged, nature of the injury caused and having

perused the affidavits filed by the 2nd & 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 petitioners and the defacto

complainant/injured were students, when the incident

occurred is taken into consideration. Therefore, the

first petitioner being involved in another crime of

similar nature is not to be taken as a ground for

denying the relief sought. 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 CRL.M.C.NO.980 OF 2021

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-A1 Final Report and further proceedings in

Crime No.339/2019 of Mattanchery Police Station,

pending as C.C.No.1093/2019 on the files of Judicial

First Class Magistrate, Mattanchery are quashed.

Sd/-

V.G.ARUN

JUDGE

NB/17.03.2021 CRL.M.C.NO.980 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.339 OF 2019 OF MATTANCHERY POLICE STATION.

ANNEXURE A2 A TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE 2D RESPONDENT DATED 17.12.2019.

ANNEXURE A3 A TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE 3RD RESPONDENT DATED 17.12.2019.

RESPONDENT'S EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE