Kerala High Court
Omanakuttan Pillai vs State Of Kerala on 11 May, 2021
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.2449 OF 2021(E)
AGAINST THE ORDER/JUDGMENT IN CC 1105/2018 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -I, KOTTARAKKARA
CRIME NO.1241/2018 OF Kottarakkara Police Station, Kollam
PETITIONER/ACCUSED:
OMANAKUTTAN PILLAI
AGED 54 YEARS
S/O. CHELLAPPAN PILLAI, MANGALATHU PUTHEN VEEDU,
VENDAR P.O, PUTHOOR, KOLLAM-691 507
BY ADV. SMT.P.ANJANA
RESPONDENTS/STATE&DEFACTO COMPLAINANT/CHARGE WITNESS NO.1:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031
2 PREMANAND P.P,
AGED 57 YEARS
S/O. BHASKARAN, SHALOM HOUSE, NEAR INDIAN COFFEE
HOUSE, PULAMON P.O, KOTTARAKKARA, KOLLAM-691 531,
(DIVISIONAL MANAGER, SREE GOKULAM CHIT AND FINANCE
CO.(P) LTD., KOTTARAKKARA).
R2 BY ADV. SRI.M.SREEKUMAR
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.2449 OF 2021(E)
2
P.V.KUNHIKRISHNAN, J.
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Crl.M.C. No.2449 of 2021
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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.C.No.1105/2018 on the file of the
Judicial First Class Magistrate Court-I, Kottarakkara arises from
Crime No.1241/2018 of Kottarakkara Police Station. The above
case is registered against the petitioner alleging offence
punishable under Section 420 of the IPC.
2. When this matter came up for consideration, the
learned counsel for the petitioner submitted that the entire
disputes between the petitioner and the 2nd respondent are
settled out of court. The 2nd respondent appeared through a
counsel. The 2nd respondent also filed an affidavit stating that
he has no objection in quashing the proceedings. The Public
Prosecutor submitted that if the matter is settled, the state has
no objection in quashing the proceedings.
3. Having considered the gravity of the offences
Crl.MC.No.2449 OF 2021(E)
alleged, nature of the injury caused and having perused the
affidavits filed by the respondent No. 2 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
C.C.No.1105/2018 on the file of the Judicial First Class
Magistrate Court-I, Kottarakkara are quashed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
mpm
Crl.MC.No.2449 OF 2021(E)
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A CERTIFIED COPY OF FIR IN CRIME NO.
1241/2018 OF KOTTARAKKARA POLICE STATION
DATED 22.5.18.
ANNEXURE B CERTIFIED COPY OF REPORT DATED 25.7.2018
OF THE SUB INSPECTOR OF POLICE,
KOTTARAKKARA POLICE STATION.
ANNEXURE C CERTIFIED COPY OF FINAL REPORT IN CC NO.
1105/2018 ON THE FILE OF THE JUDICIAL
FIRST CLASS MAGISTRATE COURT-I,
KOTTARAKKARA DATED 26.7.2018.
ANNEXURE D TRUE COPY OF THE MEMORANDUM OF AGREEMENT
EXECUTED BETWEEN THE PARTIES DATED
16.12.2020.
