Kerala High Court
Xx 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. 1327 OF 2021
CRIME NO.1793/2019 OF Mannar Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.3971 OF 2020
OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, CHENGANNUR
PETITIONER/S:
XX
X
BY ADVS.
S.K.SAJI
SRI.C.B.SREEKUMAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, T
HE HON'BLE HIGH COURT OF KERALA,
ERNAKULAM, PIN-682 012.
2 XXX
X
BY ADV SAGITH KUMAR V
SRI VIPIN NARAYAN, PP
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.1327/2021
2
V. G. ARUN J.
-------------------------------
Crl. M. C. No.1327 of 2021
--------------------------------
Dated this the 27th day of March, 2024
ORDER
Petitioner is the accused in Crime No.1793/2019
registered at the Mannar Police Station for offences
punishable under Section 341 of the Indian Penal Code and
Section 75 of the Juvenile Justice (Care and Protection of
Children) Act, 2015, now pending as C.C.No.3971/2020 on the
files of the Judicial First Class Magistrate Court-I,
Chengannur. The defacto complainant, arrayed as the second
respondent, has filed an affidavit 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 petitioner, who is her
maternal uncle.
2. Heard the learned Public Prosecutor also, who, on
instructions, submits that the petitioner has no criminal
antecedents.
3. Having considered the gravity of the 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 learned Counsel for the defacto complainant, 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 Final
Report and all proceedings in C.C.No.3971/2020 on the files
of the Judicial First Class Magistrate Court-I, Chengannur, as
against the petitioner, are quashed.
Sd/-
V. G. ARUN
JUDGE
Sbna/
PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO 1793/2019 DATED 12.10.2019 OF
MANNAR POLICE STATION IN ALAPPUZHA
ANNEXURE A2 CERTIFIED COPY OF THE FIR AND FIS IN
CRIME NO 1793/2019 DATED 14.9.2019 OF
MANNAR POLICE STATION IN ALAAPPUZHA
DISTRICT
ANNEXURE A3 TRUE COPY OF AN ORDER IN MC 39/2019 IN
CRL MP 2397/19 DATED 22.4.2019 OF THE
JFCM 1, THIRUVALLA
