E.V. Shibu vs State Of Kerala
2021 Latest Caselaw 12444 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.2604 OF 2021(E)

     AGAINST THE ORDER/JUDGMENT IN CC 645/2020 OF JMFC,
                  KALAMASSERY (TEMPORARY)


PETITIONERS/ACCUSED:

      1      E.V. SHIBU
             AGED 41 YEARS
             S/O.EDAYATH NARAYANAN VELAYUDHAN, EDAYATH,
             AKANADU, MUDAKKUZHA P.O., VENGOOR WEST,
             MUDAKUZHA, ERNAKULAM 683 546.

      2      K.V.MANOJ
             AGED 49 YEARS
             S/O.VASUDHEVAN NAIR, KORACHATTU HOUSE,
             NEDUMBASSERY P.O., KAPPRASSERY, ERNAKULAM 683
             102.

      3      MAHESH B GOPINATH
             AGED 41 YEARS
             S/O.SARASAMMAL, MAHESH BHAVAN, IRATTIL ROAD,
             AMBATTUKAVU, ALUVA WEST VILLAGE, THAIKKATTUKARA,
             ALUVA, ERNAKULAM 683 106.

      4      RATHEESH T.R.
             AGED 41 YEARS
             S/O.T.V.RAJAN, THITTEPARAMBIL HOUSE, KUNDANNOOR,
             MARADU P.O., ERNAKULAM 682 304.

      5      REXIN PODUTHAS
             AGED 41 YEARS
             S/O.MARTIN T.L., THATHANKERY HOUSE, AIMS
             PONEKARA SO, ERNAKULAM 682 041.
                                     2
Crl.M.C. 2604 of 2021


                  BY ADVS.
                  SRI.THOMAS J.ANAKKALLUNKAL
                  SMT.MARIA PAUL

RESPONDENTS/STATE & DEFATO COMPLAINANT:

         1        STATE OF KERALA,
                  REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF
                  KERALA, ERNAKULAM 682 031.

         2        JAYARAJ JOSEPH,
                  X

         3        JAYARAJ JOSEPH
                  AGED 41 YEARS
                  S/O.JOSEPH, PASHNIPARAMBIL HOUSE, KANINAD KARA,
                  PUTHENCRUZ VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM
                  682 301.

                  R2 BY ADV. K.R.SUNIL

OTHER PRESENT:

                  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:
                                     3
Crl.M.C. 2604 of 2021




                       P.V.KUNHIKRISHNAN, J.
                  --------------------------------------
                       Crl.M.C. No.2604 of 2021
                  ---------------------------------------
                 Dated this the 14th day of May, 2021


                               ORDER

The petitioners are accused in C.C. No.645/2020 on the

file of the Judicial First Class Magistrate Court, Kalamassery.

The above case is registered against the petitioners based on a

private complaint. The offences alleged against the petitioners

are under Sections 326, 324, 323, 341, 294(b) r/w Section 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 second respondent in

this case are settled out of court. A counsel appeared for the

second respondent. The counsel also submitted that the matter

Crl.M.C. 2604 of 2021

is settled. The Public Prosecutor submitted that the settlement

reported is genuine. In the light of the above facts, there is no

purpose in continuing this criminal prosecution against the

petitioners.

3. Having considered the gravity of the offences alleged,

nature of the injury caused and having perused the affidavit

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.

Crl.M.C. 2604 of 2021

Hence, this Crl.M.C. is allowed. All further proceedings in

C.C. No. 645/2020 on the file of the Judicial First Class

Magistrate Court, Kalamassery are quashed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE al-

Crl.M.C. 2604 of 2021

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A CERTIFIED COPY OF THE PRIVATE COMPLAINT WHICH IS PENDING AS C.C.NO.645/2020 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KALAMASSERY, DATED 5.12.2018 FILED BY THE 2ND RESPONDENT.

ANNEXURE B CERTIFIED COPY OF THE PROCEEDINGS SHEET OF THE JUDICIAL FIRST-CLASS MAGISTRATE COURT, KALAMASSRY IN CMP NO.1222/2017 IN CC 645/2021.

RESPONDENTS EXHIBITS : NIL.

TRUE COPY

P.S TO JUDGE