Crime No.480/2016 Of Hosdurg ... vs By Advs
2021 Latest Caselaw 12435 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.2405 OF 2021(A)

AGAINST THE ORDER/JUDGMENT IN CC 400/2021 OF JUDICIAL FIRST CLASS
                   MAGISTRATE COURT-I, HOSDRUG

      CRIME NO.480/2016 OF Hosdurg Police Station, Kasargod

PETITIONERS/2ND & 3RD ACCUSED

      1      SHEREEF N.,
             AGED 32 YEARS
             S/O MUHAMMED, NILANGARA HOUSE, ARANGADI, KANHANGAD
             VILLAGE, KASARAGOD, PIN-671315

      2      JAMSHEER B.K.
             AGED 25 YEARS
             S/O JAMEELA, BAKKOTT (H), ARANGADI, HOSDURG,
             KASARAGOD, PIN-671315

             BY ADVS.
             SRI.RAHUL SASI
             SMT.NEETHU PREM
             SHRI.VIVEK.P.K

RESPONDENTS/STATE & COMPLAINTS:

      1      STATE OF KERALA,
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNKAKULAM-682031

      2      CHITHRA.P.V
             AGED 45 YEARS
             W/O SASINDRAN V.V, VANIYAMVALAPPIL, KOVVAL PALLI,
             NEAR KALAYARA TEMPLE, KANHANGAD SOUTH P.O, HOSDURG,
             KANHANGAD, KASARAGOD, PIN-671315.

      3      SHEETHAL SASINDRAN
             AGED 28 YEARS
             D/O SASINDRAN V.V, VANIYAMVALAPPIL, KOVVAL PALLI,
             NEAR KALAYARA TEMPLE, KANHANGAD SOUTH P.O, HOSDURG,
             KANHANGAD, KASARAGOD, PIN-671315.
 Crl.MC.No.2405 OF 2021(A)

                                2

       4      REJIL SASINDRAN
              AGED 24 YEARS
              S/O SASINDRAN V.V, VANIYAMVALAPPIL, KOVVAL PALLI,
              NEAR KALAYARA TEMPLE, KANHANGAD SOUTH P.O,
              HOSDURG, KANHANGAD, KASARAGOD, PIN-671315.

              R2-4 BY ADV. SRI.NIRMAL V NAIR
              P.P.SRI.C.S.HRITHWIK

     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.2405 OF 2021(A)

                                   3


                   P.V.KUNHIKRISHNAN, J.
              --------------------------------------
                   Crl.M.C. No. 2405 of 2021
              ---------------------------------------
             Dated this the 14th day of May, 2021


                             ORDER

The petitioners are the accused in Crime No.480/2016 of

Hosdurg Police Station, which is now pending as

C.C.No.400/2021 against the 1st petitioner and L.P.C

No.100/2019 against the 2nd petitioner before the Judicial First

Class Magistrate Court-I, Hosdurg. The above case was charge

sheeted against the petitioners and others alleging offences

punishable under Sections 143, 147, 148, 448, 427, r/w 149 of

IPC.

2. When this matter came up for consideration, the

learned counsel for the petitioners submitted that the entire

dispute between the petitioners and the legal heirs of the

defacto complainant is settled. The counsel submitted that the

defacto complainant is no more and his legal heirs are

impleaded as additional respondent Nos.2 to 4. A counsel Crl.MC.No.2405 OF 2021(A)

appeared for the respondent Nos.2 to 4 and the learned

counsel also submitted that the matter is settled. The Public

Prosecutor also submitted that the matter is settled. In such

circumstances, I think this Crl.M.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 Nos. 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 Crl.MC.No.2405 OF 2021(A)

against the petitioners in C.C.400/2021 and L.P.C100/2019 on

the file of the Judicial First Class Magistrate Court-I, Hosdurg

are quashed.

Sd/-

P.V.KUNHIKRISHNAN

JUDGE mpm Crl.MC.No.2405 OF 2021(A)

APPENDIX PETITIONERS' EXHIBITS:

ANNEXURE A1 THE CERTIFIED COPY OF THE FINAL REPORT AND MEMO OF EVIDENCE IN CRIME NO.480 OF 2016 OF HOSDURG POLICE STATION.

ANNEXURE A2 THE TRUE COPY OF THE DEATH CERTIFICATE OF THE DEFACTO COMPLAINANT MR.SASINDRAN V.V.

ANNEXURE A3 AFFIDAVIT DATED 09.04.2021 SUBMITTED BY 2ND RESPONDENT IN C.C.NO.400/2021 OF THE JUDIDICAL FIRST CLASS MAGISTRATE-I, HOSDURG.

ANNEXURE A4 AFFIDAVIT DATED 09.04.2021 SUBMITTED BY 3RD RESPONDENT IN C.C.NO.400/2021 OF THE JUDIDICAL FIRST CLASS MAGISTRATE-I, HOSDURG.

ANNEXURE A5 AFFIDAVIT DATED 09.04.2021 SUBMITTED BY 4TH RESPONDENT IN C.C.NO.400/2021 OF THE JUDIDICAL FIRST CLASS MAGISTRATE-I, HOSDURG.