Thaslim vs State Of Kerala
2021 Latest Caselaw 12438 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.2482 OF 2021(A)

AGAINST THE ORDER/JUDGMENT IN CC 65/2017 OF JUDICIAL MAGISTRATE OF
                   FIRST CLASS - I, OTTAPPALAM

   CRIME NO.780/2016 OF Cherpulassery Police Station, Palakkad


PETITIONERS/ACCUSED 1, 2 & 4:

      1      THASLIM,
             AGED 23 YEARS
             S/O.SHOUKATHALI, ANIKATTIL HOUSE,
             KARINKALLATHANI, MALAPPURAM, PIN-679 584.

      2      HASSAINAR,
             AGED 24 YEARS
             S/O.MUHAMMED, PUTHAN PEEDIKAYIL HOUSE,
             PENGATTIRI P.O., CHERPULASSERY, PALAKKAD DISTRICT,
             PIN-679 335.

      3      MUHAMMED RASHID,
             AGED 23 YEARS
             S/O.ABDUL FATHAH, CHAMBANKATHOCH, KARIMPULLY,
             PATTAMBI P.O., PALAKKAD, PIN-679 303.

             BY ADVS.
             SRI.T.K.VIPINDAS
             SRI.K.M.MUHAMMED HUSSAIN

RESPONDENTS/COMPLAINANT:

      1      STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA REPRESENTING STATION HOUSE OFFICER,
             CHERPULASSERY POLICE STATION.

      2      SACHIDANANDAN
             AGED 27 YEARS
             S/O.UNNIKRISHNAN, KOLARKUNNU, MAYYATHINKARA,
             CHERPULASSERY, OTTAPALAM TALUK, PALAKKAD DISTRICT,
             PIN-679 503.
 Crl.MC.No.2482 OF 2021(A)

                                2

       3      HARSHAD
              AGED 23 YEARS
              S/O.RASAQ, AVILAN HOUSE, MAYYATHINKARA,
              CHERPULASSERY, OTTAPALAM TALUK, PALAKKAD
              DISTRICT, PIN-679 503.

              R2-3 BY ADV. V.VISAL AJAYAN
              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.2482 OF 2021(A)

                                3



                   P.V.KUNHIKRISHNAN, J.
              --------------------------------------
                   Crl.M.C. No.2482 of 2021
              ---------------------------------------
             Dated this the 14th day of May, 2021


                            ORDER

Petitioners are the accused in C.C.No.65/2017 on the file

of the Judicial First Class Magistrate Court-I, Ottapalam.

Above case is charge sheeted against the petitioners and

others alleging offences punishable under Sections 143, 147,

148, 323, 324 and r/w 149 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 victims are settled

out of court. Respondent Nos.2 and 3 are the victims. A

counsel appeared for the respondent Nos.2 to 3. The counsel

also submitted that the matter is settled. The Public Prosecutor

also submitted that the settlement report is genuine. In such Crl.MC.No.2482 OF 2021(A)

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 and 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.65/2017 on the file of the Crl.MC.No.2482 OF 2021(A)

Judicial First Class Magistrate Court-I, Ottapalam which arises

from Crime No.780/2016 of Cherpulassery Police Station are

quashed.

Sd/-

P.V.KUNHIKRISHNAN

JUDGE mpm Crl.MC.No.2482 OF 2021(A)

APPENDIX PETITIONERS' EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO.780/2016 OF CHERPULASSERY POLICE STATION, PALAKKAD DISTRICT.

ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.780/2016 OF CHERPULASSERY POLICE STATION, PALAKKAD DISTRICT.

ANNEXURE A3 TRUE COPY OF THE MEMORANDUM OF EVIDENCE.

ANNEXURE A4 TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 22.04.2021.

ANNEXURE A5 TRUE COPY OF THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 15.11.2019.