Kerala High Court
Nishaj vs State Of Kerala on 22 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943
Crl.MC.No.1556 OF 2021(D)
AGAINST THE ORDER/JUDGMENT IN CC 1008/2017 OF JUDICIAL MAGISTRATE
OF FIRST CLASS ,PARAPPANANGADI
CRIME NO.218/2017 OF THENHIPALAM POLICE STATION, MALAPPURAM
PETITIONERS/ACCUSED:
1 NISHAJ
AGED 22 YEARS
S/O.MANOHARAN, TAZHEKMMILI HOUSE, G.A.COLLEGE P.O.,
KOZHIKODE 673 014
2 FRANCO JOY
AGED 22 YEARS
S/O.JOY, PALIYEKARA (H), WEST BAZAR, OLLUR, THRISSUR
680 306
3 AJITH
AGED 23 YEARS
S/O.CHANGAN, CHERUPARAMBIL (H), KAKKANAD, ERNAKULAM
682 030
4 AKHIL K.A.
AGED 22 YEARS
S/O.AMBUJAKSHAN, KATTUKARAN (H), PERUMBILLY,
NJARAKKAL P.O., ERNAKULAM 682 505
5 ABHILASH
AGED 22 YEARS
S/O.KANNAN, PONNATH (H), PERUNJANAM P.O., THRISSUR
680 686
BY ADVS.
SHRI.S.JAYANT
SRI.V.HARIKRISHNAN
RESPONDENTS/STATE:
1 STATE OF KERALA
REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, KOCHI 682 031
CRL.M.C.NO.1556 OF 2021
2
2 SREENATH M.P.
AGED 23 YEARS, S/O.BALAN, MURUPPANAYIL (H),
KARAKURISI P.O., PALAKKAD DT. 678 595
R2 BY ADV. VARGHESE SABU
OTHER PRESENT:
PP T.R.RENJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C.NO.1556 OF 2021
3
ORDER
Dated this the 22nd day of March 2021
Petitioners are accused Nos. 1 to 5 in Crime
No.218/2017 registered at the Thenhipalam Police
Station, Malappuram for offences punishable under
Sections 143, 147, 341, 323 & 506(i) read with Section
149 of IPC, now pending as C.C. No.1008/2017 on the
files of Judicial First Class Magistrate-I, Parappanangadi.
The de facto complainant, at whose instance the crime
was registered arrayed as the 2 ndrespondent, 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 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 injury caused and having perused
the affidavit filed by the 2 nd respondent, the contents of
CRL.M.C.NO.1556 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. The fact that the petitioners
and the defacto complainant/injured were students, when
the incident 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.
Further proceedings in C.C.No.1008/2017 on the files of
Judicial First Class Magistrate-I, Parappanangadi is
quashed.
Sd/-
V.G.ARUN
JUDGE
NB/22.03.2021
CRL.M.C.NO.1556 OF 2021
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE FINAL REPORT IN CRIME
NO.218 OF 2017 OF TENHIPALAM POLICE
STATION.
ANNEXURE A2 THE AFFIDAVIT SWORN IN BY THE 2ND
RESPONDENT DATED 22.2.2020
RESPONDENT'S EXHIBITS: NIL
TRUE COPY
P.A. TO JUDGE
