Sukesh Kumar vs State Of Kerala
2021 Latest Caselaw 12401 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

     TUESDAY, THE 11TH DAY OF MAY 2021 / 21ST VAISAKHA, 1943

                    Crl.MC.No.2263 OF 2021(C)

 AGAINST THE ORDER/JUDGMENT IN CC 121/2019 OF JUDICIAL MAGISTRATE
                    OF FIRST CLASS-I, ALATHUR

PETITIONERS/ACCUSED NO.1 TO 8:

      1      SUKESH KUMAR
             AGED 29 YEARS
             S/O.VELAYUDHAN, RESIDING AT PAYYANGODU VEETTIL,
             KAYARADY P.O., CHITTUR TALUK.

      2      SUNIL,
             AGED 35 YEARS
             S/O.VELAYUDHAN, RESIDING AT PAYYANGODU VEETTIL,
             KAYARADY P.O., CHITTUR TALUK.

      3      KANNAN @ UNNIKRISHNAN,
             AGED 40 YEARS
             S/O.CHAMY, RESIDING AT MOOLAYIL VEETTIL, AYIROOR
             P.O., CHITTUR TALUK.

      4      VELAYUDHAN,
             AGED 59 YEARS
             S/O.PANGU, RESIDING AT PAYYANGODU HOUSE, KAYARADY
             P.O., CHITTUR TALUK.

      5      SUNITHA,
             AGED 30 YEARS
             W/O.ASHOKAN, D/O.VELAYUDHAN, RESIDING AT PAYYANGODU
             HOUSE, KAYARADY P.O., CHITTUR TALUK.

      6      SHAJI,
             AGED 39 YEARS
             S/O.DASAN, RESIDING AT KUNNAMKADAYIL VEETTIL,
             MANKURUSSY, KAYARADY P.O., CHITTUR TALUK.

      7      SUGATHA,
             AGED 26 YEARS
             D/O.VELAYUDHAN, RESIDING AT PAYYANGODU HOUSE KAYARADY
             P.O., CHITTUR TALUK.

      8      VELAYUDHAN,
             AGED 50 YEARS
             RESIDING AT GOMATHY ESTATE, CHITTILANCHERY, PALAKKAD.
 Crl.MC.No.2263 OF 2021(C)

                                2

              BY ADV. SHRI.T.K.SANDEEP

RESPONDENTS/COMPLAINANT & STATE:

       1      STATE OF KERALA
              REPRESENTED BY THE PUBLIC PROSECUTOR,
              HIGH COURT OF KERALA, ERNAKULAM-31.

       2      PRASAD
              AGED 36 YEARS
              S/O.PRABHAKARAN, RESIDING AT MANNAMPARAMBU HOUSE,
              MUNDROTTUKULAMBU, KURUVAY, KANAKKANTHURUTHI,
              VADAKKANCHERRY, PALAKKAD DISTRICT, PIN-678 683.

       3      PRAKASH
              AGED 36 YEARS
              S/O.PRABHAKARAN, RESIDING AT MANNAMPARAMBU HOUSE,
              MUNDROTTUKULAMBU, KURUVAY, KANAKKANTHURUTHI,
              VADAKKANCHERRY, PALAKKAD DISTRICT, PIN-678 683.

       4      PRABHAKARAN
              AGED 70 YEARS
              S/O.KUNJU, RESIDING AT MANNAMPARAMBU HOUSE,
              MUNDROTTUKULAMBU, KURUVAY, KANAKKANTHURUTHI,
              VADAKKANCHERRY, PALAKKAD DISTRICT, PIN-678 683.

              R2-4 BY ADV. ALEX ABRAHAM
              P.P.SRI.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.05.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.2263 OF 2021(C)

                                  3

                     P.V.KUNHIKRISHNAN, J.
                --------------------------------------
                     Crl.M.C. No.2263 of 2021
                ---------------------------------------
               Dated this the 11th day of May, 2021


                             ORDER

This petition is filed under Sec. 482 of the Cr.P.C. to quash

the entire proceedings in C.M.P No.3363/2016 in

C.C.121/2019 on the file of the Judicial First Class Magistrate

Court-I, Alathur. The above case is registered against the

petitioner alleging offences punishable under Sections 143,

147, 341, 447, 323, 506(1) r/w 149 of the IPC. It is a private

complaint filed by the 2nd respondent.

2. When this matter came up for consideration, the

learned counsel for the petitioners submitted that the matter is

settled and the victims have no grievance against the

petitioners. A counsel also appeared for the respondents 2 to

4, who are the victims in this case. The counsel also submitted

that the matter is settled. The Public Prosecutor also submitted Crl.MC.No.2263 OF 2021(C)

that this is a private complaint and if the parties settled the

matter the prosecution has no grievance in quashing the

proceedings.

3. Having considered the gravity of the offences

alleged, nature of the injury caused and having perused the

affidavits filed by the respondent No. 2 to 4 the contents of

which are submitted to be true and voluntary, I am satisfied

that the matter has been amicably settled and that no public

interest is involved in this matter. Moreover, in view of the

settlement arrived at between the parties, there is no

possibility of the criminal proceedings ending in conviction. 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.

Hence, this Crl.M.C. is allowed. All further proceedings in Crl.MC.No.2263 OF 2021(C)

C.M.P No.3363/2016 in C.C No.121/2019 on the file of the

Judicial First Class Magistrate Court-I, Alathur are quashed.

Sd/-

P.V.KUNHIKRISHNAN

JUDGE mpm Crl.MC.No.2263 OF 2021(C)

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE I A CERTIFIED COPY OF THE PRIVATE COMPLAINT IN CMP NO.3363/2016 IN CC 121 OF 2019 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT I, ALATHUR.

ANNEXURE II ORIGINAL OF THE AFFIDAVIT SWORN IN BY THE 2ND RESPONDENT DATED 11.02.2021.

ANNEXURE III ORIGINAL OF THE AFFIDAVIT SWORN IN BY THE 3RD RESPONDENT DATED 11.02.2021.

ANNEXURE IV ORIGINAL OF THE AFFIDAVIT SWORN IN BY THE 4TH RESPONDENT DATED 11.02.2021.