Ullas vs T.V. Abraham
2021 Latest Caselaw 9346 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

     FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942

                      Crl.MC.No.694 OF 2021(F)

AGAINST THE ORDER/JUDGMENT IN ST 1878/2017 OF JUDICIAL MAGISTRATE
                     OF FIRST CLASS, ALATHUR

   CRIME NO.407/2017 OF VADAKKANCHERRY POLICE STATION, PALAKKAD


PETITIONERS/ACCUSED NOS.1 AND 2:

      1      ULLAS,
             AGED 44 YEARS
             S/O PATHROS, THAIPPARAMBIL VEEDU, PALARIVATTOM, KOCHI

      2      ANJU MATHEW,
             AGED 37 YEARS
             D/O MATHEW, THAIPPARAMBIL VEEDU, PALARIVATTOM, KOCHI.

             BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)

RESPONDENTS/DEFACTO COMPLAINANT AND STATE:

      1      T.V. ABRAHAM,
             AGED 64 YEARS
             S/O ULAHANNAN, THOLANIKKAL HOUSE, PANTHAPPARAMBU,
             MUDAPPALLUR, ALATHUR, PALAKKAD-678 705.

      2      ABDUL ASSIZ
             AGED 57 YEARS
             S/O MUHAMMED MOOSA, NIYAS MANZIL, PANTHAPPARAMBU,
             MUDAPPALLUR, ALATHUR, PALAKKAD-678 705.

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

             R1-2 BY ADV. UNNI SEBASTIAN KAPPEN

OTHER PRESENT:

             PP T.R.RENJITH

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.694 OF 2021
                                     2




                               ORDER

Dated this the 19th day of March 2021

Petitioners are accused Nos. 1 and 2 in Crime

No.407/2017 registered at the Vadakkenchery Police

Station, Palakkad for offences punishable under Sections

447, 294(b) & 506(i) read with Section 34 of the IPC,

now pending as S.T.No.1878/2017 on the files of Judicial

First Class Magistrate Court-I, Alathur. The de facto

complainant/CW1, at whose instance the crime was

registered and CW2, arrayed as the 1st and 2nd

respondents respectively, have filed Annexure-B & C

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 the petitioners have no

criminal antecedents.

3. Having considered the gravity of the offences

alleged, nature of the grievance caused and having CRL.M.C.NO.694 OF 2021

perused the affidavits filed by the 1st and 2nd 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. 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 Final Report and further proceedings in

S.T.No.1878/2017, pending before the Judicial First Class

Magistrate Court-I, Alathur is quashed.

Sd/-

V.G.ARUN

JUDGE

NB/19.03.2021 CRL.M.C.NO.694 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO 407/2017 OF VADAKKANCERRY POLICE STATION IN PALAKKAD DISTRICT IN S.T.NO 1878/2017 ON THE FILE OF THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE-1, ALATHUR

ANNEXURE B AFFIDAVIT SWORN BY THE 1ST RESPONDENT HEREIN EVIDENCING THE AFORESAID SETTLEMENT

ANNEXURE C AFFIDAVIT SWORN BY THE 2ND RESPONDENT HEREIN EVIDENCING THE AFORESAID SETTLEMENT

RESPONDENT'S EXHIBITS: NIL

TRUE COPY P.A.TO JUDGE