Kerala High Court
Ripu R vs State Of Kerala on 23 February, 2024
Author: V.G.Arun
Bench: V.G.Arun
Crl.MC10790 of 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
CRL.MC NO. 10790 OF 2023
CRIME NO.1290/2023 OF Chavara South Police Station, Kollam
AGAINST THE ORDER/JUDGMENT FIR 1290/2023 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT, CHAVARA
PETITIONERS:
1 RIPU R
AGED 41 YEARS
S/O RAMACHANDRAN, NANACHAMVETIL THEKKETHL,
THEVALAKKARA P.O, KOVALA, KARUNAGAPPALLY, KOLLAM, PIN
- 691590
2 HARIKUMAR R
AGED 44 YEARS
S/O RAMACHANDRAN, NANACHAMVETIL THEKKETHL,
THEVALAKKARA P.O, KOVALA, KARUNAGAPPALLY, KOLLAM, PIN
- 691590
3 DR. SHIJIMOL
AGED 33 YEARS
W/O RIPU R, NANACHAMVETIL THEKKETHL, THEVALAKKARA P.O,
KOVALA, KARUNAGAPPALLY, KOLLAM, PIN - 691590
BY ADVS.
HARISH GOPINATH
MANJIMA UDAYAKUMAR
RESPONDENTS/STATE/COMPLAINANT AND VICTIMS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 SUB INSPECTOR OF POLICE
CHAVARA THEKKUMBHAGAM POLICE STATION, KOLLAM, PIN -
690524
3 MANILAL
Crl.MC10790 of 2023 2
AGED 46 YEARS
S/O SADASIVAN, CHUNDINEZHATHU, PUTHENSANKETHAM,
KOIVILA, THEVALAKAKRA, KOLLAM, PIN - 691590
4 SHEELAJA
AGED 42 YEARS
W/O MANILAL, CHUNDINEZHATHU, PUTHENSANKETHAM, KOIVILA,
THEVALAKAKRA, KOLLAM-, PIN - 691590
ADDL.R5 GOPALAKRISHNAN ( SOUGHT TO BE IMPLEADED )
AGED 74 YEARS, S/O RAMAN, CHUNDINEZHATHU,
PUTHENSANKETHAM, KOIVILA, THEVALAKAKRA, KOLLAM
(ADDL.R5 IS IMPLEADED AS PER ORDER IN CRL.MA.2/2014
DATED 23/2/2024 )
BY ADVS.
SANIL KUNJACHAN
MANSOOR JALAL(K/002239/2023)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC10790 of 2023 3
V.G.ARUN J.
-------------------------------
Crl.M.C.No.10790 of 2023
--------------------------------
Dated this the 23rd day of February 2024
ORDER
Petitioners are the accused in Crime No.1290/2023
registered at Chavara Thekkumbhagam Police Station for
offences punishable under Sections 341,294(b),323,354 and
Section 34 of IPC. The de facto complainant and witnesses
are arrayed as respondents 3 to 5. Affidavits have been filed
by the respondents 3 to 5 stating that the dispute, which had
compelled them to file the complaint, leading to registration of
the crime, has been settled amicably and they have no
subsisting grievance against the petitioners.
2. Heard the learned Public Prosecutor also, who, on
instructions, submits that the petitioners have no criminal
antecedents.
3. Having considered the gravity of the offences alleged,
nature of the injury caused and having perused the affidavits,
the contents of which are vouched to be true and voluntary by
the learned Counsel for respondents 3 to 5. I am satisfied
that no public interest is involved in this matter and the
dispute has been settled amicably. 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.
In the result, this Crl.M.C is allowed. Annexure A1 FIR
and all proceedings in Crime No.1290 of 2023 of Chavara
Thekkumbhagam Police station, as against the petitioners, are
quashed.
Sd/-
V.G.ARUN
JUDGE
dpk
APPENDIX OF CRL.MC 10790/2023
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE F.I.R IN CRIME NO. 1290 OF
2023 ON THE FILE OF CHAVARA THEKKUMBHAGAM POLICE
STATION DATED 27/11/2023
Annexure A2 TRUE COPY OF THE FIR IN CRIME NO 1291 OF 2023 ON
THE FILE OF CHAVAR THEKKUMBHAGAM POLICE STATION
DATED 27/11/2023
Annexure A3 TRUE COPY OF THE AGREEMENT DATED 03/12/2023 ENTERED
INTO BETWEEN 3RD PETITIONER AND 3RD RESPONDENT
Annexure A4 AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED
03/12/2023
Annexure A5 AFFIDAVIT SWORN BY THE 3RD RESPONDENT WIFE SHEELAJA
DATED 03/12/2023
Annexure A6 AFFIDAVIT SWORN BY THE ADDITIONAL 5TH RESPONDENT
SOUGHT TO BE IMPLEADED
