Jayesh Chandran vs State Of Kerala
2021 Latest Caselaw 12404 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.2259 OF 2021(B)

   AGAINST THE ORDER/JUDGMENT IN CC 50/2019 OF ADDITIONAL CHIEF
           JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM

CRIME NO.637/2014 OF Poojappura Police Station, Thiruvananthapuram


PETITIONER/ACCUSED:

             JAYESH CHANDRAN
             AGED 27 YEARS
             S/O CHANDRASEKHARAN NAIR,
             JAYASREE BHAVAN, TC 8//1732,
             TRA-144, NEAR KUSHAKKOD TEMPLE, T
             HIRUMALA VILLAGE, THIRUVANANTHAPURAM DISTRICT.

             BY ADV. SRI.LATHEESH SEBASTIAN

RESPONDENTS/STATE & COMPLAINANT:

      1      STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM-682031.

      2      STATION HOUSE OFFICER
             POOJAPPURA POLICE STATION,
             THIRUVANANTHAPURAM-695012.

      3      SREELATHA
             AGED 42 YEARS
             D/O OMANA,
             VPV-48, CPJ SADANAM, PEYAD,
             THIRUVANANTHAPURAM-695573.

             R3 BY ADV. R.ARUN
             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.2259 OF 2021(B)

                                  2


                   P.V.KUNHIKRISHNAN, J.
              --------------------------------------
                   Crl.M.C. No.2259 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.C.No.50/2019 on the file of the

Additional Chief Judicial Magistrate Court, Thiruvananthapuram

which arises from Crime No.637/2017 of Poojappura Police

Station. The above case is registered against the petitioner

alleging offences punishable under Sections 323, 354, 354(A)

(1) of the IPC.

2. When this matter came up for consideration, the

learned counsel for the petitioner submitted that the entire

dispute between the petitioner and the victim in this case is

already settled. A counsel also appeared for the 3 rd

respondent. The counsel submitted that the matter is settled.

The Public Prosecutor also submitted that the matter is settled. Crl.MC.No.2259 OF 2021(B)

In the light of the above facts, there is no purpose in

continuing this criminal prosecution against the petitioner.

3. Having considered the gravity of the offences

alleged, nature of the injury caused and having perused the

affidavit filed by the respondent No.3 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.50/2019 on the file of the Additional Chief Judicial Crl.MC.No.2259 OF 2021(B)

Magistrate Court, Thiruvananthapuram arising from Crime

No.637/2014 of the Poojappura Police Station are quashed.

Sd/-

P.V.KUNHIKRISHNAN

JUDGE mpm Crl.MC.No.2259 OF 2021(B)

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE-A1 TRUE COPY OF THE CHARGE MEMO CRIME NO.637/2017 OF POOJAPPURA POLICE STATION.

ANNEXURE-A2 AFFIDAVIT OF THE 3RD RESPONDENT.