Kerala High Court
Sujith Krishna vs State Of Kerala on 23 March, 2021
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.1436 OF 2021(H)
AGAINST THE ORDER/JUDGMENT IN CC 2640/2014 OF ADDITIONAL CHIEF
JUDICIAL MAGISTRATE ,TRIVANDRUM
CRIME NO.788/2014 OF Poojappura Police Station ,
Thiruvananthapuram
PETITIONER/S:
1 SUJITH KRISHNA
AGED 45 YEARS
S/O. M. THULASIDHARAN, FORMERLY RESIDING AT SREE
MOOKAMBIKA HOUSE, NEAR MANCHAVILAKAM SCHOOL, MEKOLLA
DESOM, KOLLAYIL VILLAGE, NEYATTINKARA AND NOW
RESIDING AT ANJANAYAM, VAZHAVILA, KARIKKAKOM P.O.,
THIRUVANANTHAPRAM - 29.
2 SITHARA CHANDRAN
AGED 37 YEARS
W/O. SUJITH KRISHNA, FORMERLY RESIDING AT SREE
MOOKAMBIKA HOUSE, NEAR MANCHAVILAKAM SCHOOL, MEKOLLA
DESOM, KOLLAYIL VILLAGE, NEYATTINKARA AND NOW
RESIDING AT ANJANAYAM, VAZHAVILA, KARIKKAKOM P.O.,
THIRUVANANTHAPRAM - 29.
BY ADVS.
SRI.SAIJO HASSAN
SMT.P.PARVATHY
SMT.AATHIRA SUNNY
SMT.NAZRIN HALLAJ
SHRI.ABDUL RASHEED N.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM.
2 THE STATION HOUSE OFFICER
POOJAPPURA POLICE STATION, NEYATTINKARA,
THIRUVANANTHAPURAM DISTRICT.
Crl.MC.No.1436 OF 2021(H)
2
3 DILIJITH J.P.
AGED 30 YEARS
S/O. JAYAKUMAR, BHADRA BHAVAN, PLANKALA,
MANCHAVILAKAM P. O., KOLLAYIL (PART),
THIRUVANANTHAPURAM, KERALA - 695 503.
R3 BY ADV. P.K.ANTONY
R3 BY ADV. SMT.NASEEBA K.T.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 23rd day of March, 2021
Petitioners are the accused in Crime No. 788 of 2014
registered at the Poojappura Police Station for offences
punishable under Sections 294(b), 323, 324, and 34 of IPC, now
pending as C.C.No. 2640 of 2014 on the files of the Additional
Chief Judicial Magistrate Court, Thiruvananthapuram. The de
facto complainant, at whose instance the crime was registered
is arrayed as the 3rd respondent. Annexure A3 affidavit has
been filed by 3rd respondent stating that the dispute, which led
to registration of the crime, has been settled amicably and 3rd
respondent has 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 3rd respondent, 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. Moreover, in view of the settlement, possibility of the
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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. 2640 of 2014 on the files of the Additional Chief Judicial
Magistrate Court, Thiruvananthapuram, is quashed.
Sd/-
V.G ARUN
JUDGE
SJ
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE 1 TRUE COPY OF THE FIR NO.788/2014 OF
POOJAPURA POLICE STATION,
THIRUVANANTHAPURAM DISTRICT.
ANNEXURE 2 TRUE COPY OF THE FINAL REPORT AS CC
NO.2640/2014 ON THE FILE OF ADDITIONAL
CHIEF JUDICIAL MAGISTRATE COURT,
THIRUVANANTHAPURAM.
ANNEXURE 3 AFFIDAVIT FILED BY 3RD RESPONDENT DATED
13.02.2021.
