Kerala High Court
Ajithkumar. T.B vs State Of Kerala on 27 March, 2024
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
CRL.MC NO. 2321 OF 2024
CRIME NO.129/2023 OF Udayamperoor Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.209 OF 2023 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT, TRIPUNITHURA
PETITIONER/S:
1 AJITHKUMAR. T.B
AGED 25 YEARS
S/O.BAHULEYAN, THANDASSERI NIKARTHIL HOUSE,
KUMBALAM BOAT JETTY BHAGOM, KUMBALAM VILLAGE,
KANAYANNUR TALUK, ERNAKULAM DISTRICT NOW RESIDING
AT PUTHANATTIL CHIRAYIL, THANDASSERY HOUSE, NEAR
NEDUVELIL TEMPLE, KOCHUPALLY, NADAKKAVU P.O.
UDAYAMPEROOR, MANAKUNNAM VILLAGE, KANAYANNOOR
TALUK, ERNAKULAM DISTRICT, PIN - 682307
2 SHOGUN GOPI
AGED 20 YEARS
S/O. GOPI NEDUVELIL HOUSE, KAMBIVELIKKAKOM,
POOTHOTTA P.O. UDAYAMPEROOR, MANAKUNNAM VILLAGE,
KANAYANNUR TALUK, ERNAKULAM DISTRICT., PIN -
682307
3 NIZAR NAZAR
AGED 19 YEARS
S/O. NAZAR, LAKSHAM VEEDU, KAMBIVELIKKAKOM,
POOTHOTTA P.O. UDAYAMPEROOR, MANAKUNNAM VILLAGE,
KANAYANNUR TALUK, ERNAKULAM DISTRICT., PIN -
682307
4 ADITHYAN
AGED 20 YEARS
S/O. SHIBU, NIKARTHIL HOUSE, KATTIKKUNNU, CHEMPU
P.O. CHEMPU VILLAGE, VAIKOM TALUK, KOTTAYAM
DISTRICT, PIN - 686608
5 ANANDHU SABU
AGED 24 YEARS
MANAKUNNAM VILLAGE, S/O. SABU POOTHARA HOUSE,
UDAYAMPEROOR.P.O. KANAYANNUR THALUK ,ERNAKULAM
DISTRICT, PIN - 682307
6 ANANDHU.C.S.
Crl.M.C.No.2321 of 2024
2
AGED 24 YEARS
S/O. SUNIL KUMAR CHULLIKKADU HOUSE, UDAYMPEROOR
P.O. MANAKUNNAM VILLAGE, KANAYANNUR TALUK,
ERNAKULAM DISTRICT, PIN - 682307
BY ADV JOSEPH JOY
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY STATION HOUSE OFFICER,
UDAYAMPEROOR POLICE STATION (CRIME NO.129/2023 OF
UDAYAMPEROOR POLICE STATION) REPRESENTED BY
PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 USHA
AGED 49 YEARS
W/O. ANILKUMR, ELAKKANAMPARAMBIL HOUSE @
ELAMKUNNAMPARAMBIL HOUSE,COLONY BHAGOM,
KAMBIVELIKKAKOM, POOTHOTTA P.O. UDAYAMPEROOR,
MANAKUNNAM VILLAGE, KANAYANNOOR TALUK, ERNAKULAM
DISTRICT, PIN - 682307
BY ADV K.K.VINOD
OTHER PRESENT:
PP VIPIN NARAYAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 27.03.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.2321 of 2024
3
ORDER
Dated this the 27th day of March, 2024
Petitioners are accused in Crime No.129 of
2023 registered at the Udayamperoor Police Station
for offences punishable under Sections 447, 452,
341, 323, 294(b), 506 and 354 r/w 34 of IPC, now
pending as C.C.No.209 of 2023 on the files of the
Judicial First Class Magistrate Court,
Tripunithura. The de facto complainant is
arrayed as the second respondent. Annexure-III
affidavit has been filed by the second respondent
stating that the dispute, which had compelled her
to file the complaint, leading to registration of
the crime, has been settled amicably and she has
no subsisting grievance against the petitioners.
2. Heard the learned Public Prosecutor also,
who, on instructions, submits that no antecedents
are reported against the petitioners.
3. Having considered the gravity of offences
alleged, nature of the injury caused and having
perused the affidavit, the contents of which are
vouched to be true and voluntary by the Counsel
for the second respondent, I am satisfied that no
public interest is involved in this matter and the
dispute has been settled amicably. 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-II final report and all further
proceedings in C.C.No.209 of 2023 on the files of
the Judicial First Class Magistrate Court,
Tripunithura, are quashed.
Sd/-
V.G.ARUN
JUDGE
Scl/
PETITIONER ANNEXURES
Annexure I CERTIFIED COPY OF THE FIR NO.129/2023
IN UDAYAMPEROOR POLICE STATION DATED
24.01.2023 ALONG WITH THE FL STATEMENT
GIVEN BY THE 2ND RESPONDENT
Annexure II CERTIFIED COPY OF THE CHARGE SHEET
Annexure III AFFIDAVIT SWORN BY THE 2ND RESPONDENT
