Arjun vs State Of Kerala
2021 Latest Caselaw 9656 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

     TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

                       Crl.MC.No.1215 OF 2020(B)

AGAINST THE ORDER/JUDGMENT IN CC 1957/2018 OF JUDICIAL MAGISTRATE
                  OF FIRST CLASS -III,THRISSUR

          CRIME NO.884/2018 OF OLLUR POLICE STATION, THRISSUR


PETITIONER/ACCUSED NO. 2 TO 6:

      1        ARJUN,
               AGED 22 YEARS
               S/O. SUNUILKUMAR, EDASSERY HOSE, CHOORAKKATTUKARA
               DESOM, PUZHAKKAL VILLAGE, THRISSUR DISTRICT.

      2        FEMIN,
               AGED 22 YEARS
               S/O. FRANCIS, ALAPPADAN HOUSE, PUTHURUTHI DESOM
               MUNDATHIKODE VILLAGE, THRISSUR DISTRICT .

      3        HARI NARAYANAN,
               AGED 22 YEARS
               S/O.NARAYANAN KUTTATH HOUSE, PUTHURKKARA DESOM,
               AYYANTHOLE VILLAGE, THRISSUR THALUK, THRISSUR
               DISTRICT.

      4        ROHIT,
               AGED 22 YEARS
               S/O. SREENIVASAN, ARANGAN HOUSE, KORANODY DESOM,
               VARANDARAPPILLY VILLAGE, THRISSUR DISTRICT.

      5        SHIJIL,
               AGED 21 YEARS
               S/O. SURESH, NJARASSERY HOSE , ARATTUPUZHA DESOM,
               ARATTUPUZHA VILLAGE, THRISSUR DISTRICT.

               BY ADVS.
               SHRI.SREERAJ M.D.
               SRI.K.A.NIDHIN

RESPONDENTS/DE FACTO COMPLAINANT AND INJURED:

      1        STATE OF KERALA
               REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
               KERALA, ERNAKULAM, KOCHI 682 031.
 CRL.M.C.NO.1215 OF 2020
                                 2

       2       AKASH,
               AGED 19 YEARS
               S/O. PRAKASH,
               ANAKKUTTUNGL HOUSE, KANNAMPUTHUR DESOM, VADAKKE
               THORAVU VILLAGE, MUKUNDAPURM THALUK, THRISSUR
               DISTRICT 680 687.

       3       AJITH,
               AGED 19 YEARS
               S/O. SURESH, VILAKKATHALA NAIR, HOUSE,
               CHAKKALAPRAMBU DESOM, KODANNUR VILLAGE, THRISSUR
               THALUK, THRISSUR DISTRICT 680 574.

       * 4     ANJAL N. K.
               AGED 20 YEARS
               S/O KUTTAN NEDUMBILLY HOUSE, KATTUR POST,
               MUKUNDAPURAM THALUK,
               THRISSUR DISTRICT

               * IMPLEADED AS ADDITIONAL 4TH RESPONDENT AS PER
               ORDER DATED 12.03.2020 IN CRL.M.A.NO.2/2020 IN
               CRL.M.C.NO.1215/2020

               R2-3 BY ADV. M.P.PRIYESHKUMAR
               R4 BY ADV. SMT.K.R.ARUNASREE

OTHER PRESENT:

               SR.PP.C.S.HRITHWIK;ASG P.VIJAYAKUMAR FOR R4.

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.1215 OF 2020
                                 3




                           ORDER

Dated this the 23rd day of March 2021

Petitioners are accused Nos. 2 to 6 in Crime

No.884/2018 registered at the Ollur Police Station,

Thrissur City for offences punishable under Sections

341, 323 & 324 read with Section 34 of IPC, now

pending as C.C. No.1957/2018 on the files of Judicial

First Class Magistrate Court-III, Thrissur. The de

facto complainant, at whose instance the crime was

registered and the other injured persons, arrayed as

respondent Nos.2 to 4 respectively, have filed

Annexure-A-3 to A-5 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 CRL.M.C.NO.1215 OF 2020

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 respondent Nos. 2 to 4,

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 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. CRL.M.C.NO.1215 OF 2020

Further proceedings in C.C.No.1957/2018 on the files

of Judicial First Class Magistrate Court-III, Thrissur is

quashed.

Sd/-

V.G.ARUN

JUDGE

NB/23.03.2021 CRL.M.C.NO.1215 OF 2020

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO. 884 OF 2018 OF OLLUR POLICE STATION.

ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 884 OF 2018 OF OLLUR POLICE STATION.

ANNEXURE A3 AFFIDAVIT DATED 30TH.01.2020 EXECUTED BY THE 2ND RESPONDENT/DEFACTO FACTO COMPLAINT.

ANNEXURE A4 AFFIDAVIT DATED 30TH -01-2020 EXECUTED BY THE 3RD RESPONDENT.

ANNEXURE A5 ORIGINAL AFFIDAVIT SWORN BY ADDITIONAL 4TH RESPONDENT DATED 28-02-2021.

RESPONDENT'S EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE