Thomas @ Shine vs State Of Kerala
2021 Latest Caselaw 12433 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

      FRIDAY, THE 14TH DAY OF MAY 2021 / 24TH VAISAKHA, 1943

                    Crl.MC.No.2426 OF 2021(C)

AGAINST THE ORDER/JUDGMENT IN CC 1739/2017 OF JUDICIAL FIRST CLASS
                    MAGISTRATE COURT, KADAKKAL

      CRIME NO.1330/2017 OF Kadakkal Police Station, Kollam


PETITIONERS/ACCUSED-A1& A2:

      1      THOMAS @ SHINE
             AGED 33 YEARS
             S/O.POULOSE, MADATHILKUNNIL VEEDU, VAYYANAM MURI,
             VAYYANAM P.O., ITTIVA VILLAGE, KOLLAM DISTRICT.

      2      ANNAMMA
             AGED 55 YEARS
             W/O.POULOSE, MADATHILKUNNIL VEEDU, VAYYANAM MURI,
             VAYYANAM P.O., ITTIVA VILLAGE, KOLLAM DISTRICT.

             BY ADV. SRI.K.V.ANIL KUMAR

RESPONDENTS/STATE & COMPLAINANT:

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

      2      THE SUB INSPECTOR OF POLICE
             KADAKKAL POLICE STATION, KOLLAM DISTRICT,
             PIN - 691 536.

      3      MELVIN MATHEW
             AGED 30 YEARS
             D/O.MATHEW, ELAPPALLIL, KARAVALOOR P.O., KARAVALOOR
             VILLAGE, KOLLAM DISTRICT, PIN - 691 333.

             R3 BY ADV. P.V.DILEEP
             P.P.SRI.K.B.UDAYAKUMAR

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.05.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.2426 OF 2021(C)

                                     2




                   P.V.KUNHIKRISHNAN, J.
              --------------------------------------
                   Crl.M.C. No.2426 of 2021
              ---------------------------------------
             Dated this the 14th day of May, 2021


                                ORDER

Petitioners are the accused in C.C.No.1739/2017 on the

file of the Judicial First Class Magistrate Court, Kadakkal

(Temporary) which arises from Crime No.1330/2017 of

Kadakkal Police Station. Above case is charge sheeted against

the petitioners alleging offence punishable under section 498A

R/w 34 of IPC.

2. When this matter came up for consideration, the

learned counsel for the petitioners submitted that the entire

disputes between the petitioners and the 3rd respondent are

settled out of court. A counsel also appeared for the 3rd

respondent. The counsel submitted that the matter is settled.

The Public Prosecutor also submitted that the settlement

report is genuine. In such circumstances, I think this Crl.M.C. Crl.MC.No.2426 OF 2021(C)

can be allowed.

3. Having considered the gravity of the offences

alleged, nature of the injury caused and having perused the

affidavits 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

against the petitioners in C.C.No.1739/2017 on the file of the

Judicial First Class Magistrate Court, Kadakkal (Temporary) Crl.MC.No.2426 OF 2021(C)

which arises from Crime No.1330/2017 of Kadakkal Police

Station are quashed.

Sd/-

P.V.KUNHIKRISHNAN

JUDGE mpm Crl.MC.No.2426 OF 2021(C)

APPENDIX PETITIONERS' EXHIBITS:

ANNEXURE A1 A TRUE COPY OF THE FIR IN CRIME NO.1330/2017 OF KADAKKAL POLICE STATION.

ANNEXURE A2 A TRUE COPY OF CHARGE SHEET IN CRIME NO.1330/2017 OF KADAKKAL POLICE STATION.

ANNEXURE A3 AFFIDAVIT OF THE 3RD RESPONDENT.