Kerala High Court
Pranav vs The State Of Kerala on 16 March, 2021
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 16TH DAY OF MARCH 2021 / 25TH PHALGUNA, 1942
Crl.MC.No.2541 OF 2020(G)
CRIME NO.804/2019 OF Pathanamthitta Police Station ,
Pathanamthitta
PETITIONER/S:
1 PRANAV
AGED 24 YEARS
SO. PRESANNAKUMAR, SUJATHA BHAVANAM, THENGUMKAVU
P.O., MALLASSERY, KONNI TALUK, PATHANAMTHITTA
DISTRICT-689 846.
2 RAHUL V. NAIR
AGED 21 YEARS
S/O. VIJAYAKUMAR, OTTAPLAMMOOTTIL, KARIMPANAKUZHY,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT-689 645.
BY ADVS.
SRI.MANU RAMACHANDRAN
SRI.M.KIRANLAL
SRI.T.S.SARATH
SRI.R.RAJESH (VARKALA)
SHRI.SAMEER M NAIR
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031.
2 THE SUB INSPECTOR OF POLICE
POLICE STATION OF PANDALAM, PATHANAMTHITTA DISTRICT-
689 501.
3 ARJUN V. AJAYAN
AGED 19 YEARS
S/O. AJAYAKUMAR, VALIYAPARAMPIL HOUSE, VETTIPPURAM
MURI, PATHANAMTHITTA VILLAGE AND P.O., KOZHENCHERRY
TALUK, PATHANAMTHITTA DISTRICT-689 645.
4 AMJAD A
AGED 19 YEARS
Crl.MC.No.2541 OF 2020(G)
2
S/O. ALIKUTTY, PARAYADIYIL HOSUE, VETTIPPURAM MURI,
PATHANAMTHITTA VILLAGE AND P.O., KOZHENCHERRY
TALUK, PATHANAMTHITTA DISTRICT-689 645.
R3-4 BY ADV. ANSU VARGHESE
OTHER PRESENT:
SR.PP.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.2541 OF 2020(G)
3
ORDER
Dated this the 16th day of March, 2021 Petitioners are the accused in Crime No.804 of 2019 registered at the Pathanamthitta Police Station for offences punishable under Sections 294(b), 341, 323, 308 r/w Section 34 of IPC. The de facto complainant, at whose instance the crime was registered, and the other injured person, are arrayed as respondents 3 and 4. Annexures A2 and A3 are the affidavits filed by respondents 3 and 4, stating that the dispute, which led to registration of the crime, has been settled amicably and they have no subsisting grievance in the matter.
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 affidavit filed by the respondents 3 and 4, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and that no public interest is involved in this matter. The fact that the petitioners and the de facto complainants were students when the accident occurred, is also taken into consideration. Moreover, in view of the Crl.MC.No.2541 OF 2020(G) 4 settlement, possibility of the criminal proceedings ending in conviction is remote. 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 sought.
In the result, this Crl.M.C is allowed. Annexure A1 FIR and all proceedings in Crime No.804 of 2019 of Police Station of Pathanamthitta, is quashed.
Sd/-
V.G ARUN JUDGE SJ Crl.MC.No.2541 OF 2020(G) 5 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE TRUE COPY OF THE FIR IN CRIME NO.804/2019 OF POLICE STATION OF PATHANAMTHITTA, PTHANAMTHITTA DISTRICT.
ANNEXURE A2 THE ORIGINAL OF THE AFFIDAVIT DATED 5.10.2019 SWORN BY THE 3RD RESPONDENT/DE-
FACTO COMPLAINANT.
ANNEXURE A3 THE ORIGINAL OF THE AFFIDAVIT DATED 5.10.2019 SWORN BY THE 4TH RESPONDENTS/INJURED.