Saroop P vs The State Of Kerala
2021 Latest Caselaw 12446 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.2448 OF 2021(E)

   AGAINST THE ORDER/JUDGMENT IN CC 267/2019 OF JUDICIAL
          MAGISTRATE OF FIRST CLASS -I,KOYILANDY

 CRIME NO.734/2018 OF Koyilandy Police Station , Kozhikode

  C.C.NO.267/2019 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,
                          KOYILANDY
PETITIONERS/ACCCUSED:

      1      SAROOP P.
             AGED 29 YEARS
             S/O. VASU, PATINHARE KANNAN KANDY (H), NADERI
             P.O., KOYILANDY, KOZHIKODE-673 620.

      2      AKHIL SURENDRAN
             AGED 26 YEARS
             S/O. SURENDRAN, PUNATHIL (H), NADERI P.O.,
             KOYILANDY, KOZHIKODE-673 620.

      3      ATHUL U.R.
             AGED 23 YEARS
             S/O. RAVI, EDATHIL (H), NADERI P.O., KOYILANDY,
             KOZHIKODE-673 620.

      4      HARIKRISHNAN M.J.
             AGED 24 YEARS
             S/O. MURALEEDHARAN, HARITHAGEHAM (H), NADERO
             P.O., KOYILANDY, KOZHIKODE-673 620.

      5      MUNEER P.C
             AGED 36 YEARS
             S/O. HAMSU, PAITHODICHALIL (H), NADERI P.O.,
             KOYILANDY, KOZHIKODE-673620.
                                     2
Crl.M.C. 2448 of 2021




                  BY ADVS.
                  SRI.JUSTINE JACOB
                  SRI.K.S.ARUN KUMAR
                  SMT.AMRUTHA P S
                  SMT.ANANDALAKSHMI SANKARARAMAN

RESPONDENTSSTATE /COMPLAINANTS:

         1        THE STATE OF KERALA
                  REPRESENTED BY PUBLIC PROSECUTOR, HIGH CURT OF
                  KERALA, ERNAKULAM-682 031.

         2        AKHIL
                  AGED 24 YEARS
                  S/O. ACHUTHAN, KATTAYATTUVENGOLI HOUSE, NADERI
                  P.O., OTTAKKANDAM, KOYILANDY, KOZHIKODE-673 620.

                  R2 BY ADV. AMRUTHA K P

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. 2448 of 2021




                       P.V.KUNHIKRISHNAN, J.
                  --------------------------------------
                      Crl.M.C. No. 2448 of 2021
                  ---------------------------------------
                 Dated this the 14th day of May, 2021


                                 ORDER

This petition is filed under Sec. 482 of the Cr.P.C. to quash

the entire proceedings consequent to Crime No.734/2018 of

the Koyilandy Police Station. The petitioners are accused in

C.C. No.267/2019 on the file of the Judicial First Class

Magistrate Court, Koyilandy. The above case is chargesheeted

against the petitioners alleging offences punishable under

Sections 143, 147, 148, 341, 323, 447, 506 r/w Section 149 of

the 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 victim in this case are

Crl.M.C. 2448 of 2021

settled out of court. A counsel appeared for the second

respondent who is the victim. The counsel also submitted that

the matter is settled. The Public Prosecutor submitted that an

affidavit is filed by the victim stating that the matter is settled.

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

Crl.M.C. 2448 of 2021

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.267/2019 on the file of the Judicial First Class

Magistrate Court, Koyilandy which arises from Crime

No.734/2018 of Koyilandy Police Station are quashed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE al/-

Crl.M.C. 2448 of 2021

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE I CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.734/2018 OF KOYILANDY POLICE STATION, KOZHIKODE DISTRICT.

ANNEXURE II AFFIDAVIT SWORN BY THE 2ND RESPONDENT.

RESPONDENTS EXHIBITS : NIL.

TRUE COPY

P.S TO JUDGE

AL/-