Kerala High Court
Darvin T.David vs State Of Kerala on 17 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
WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942
Crl.MC.No.5484 OF 2020(E)
AGAINST THE ORDER/JUDGMENT IN CC 864/2017 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -II,PALAKKAD
CRIME NO.251/2017 OF MANKARA POLICE STATION, PALAKKAD
PETITIONERS/ACCUSED NOS. 1 TO 3:
1 DARVIN T.DAVID
AGED 30 YEARS
S/O. T.A. DAVID, THADATHILPARAMBIL HOUSE,
KALLAMPARAMBU, PARALI P.O., PALAKKAD DISTRICT.
2 PRASANTH K.P.
AGED 29 YEARS
S/O. PRABHAKARAN, KIZHAKKUMPURAM HOUSE, KINAVALLOOR
P.O., PINDEKKADU, PARALI, PALAKKAD DISTRICT.
3 VIJU
AGED 33 YEARS
S/O. CHANDRAN, KALLAMPARAMBU HOUSE, KINAVALLOOR,
PARALI, PALAKKAD DISTRICT.
BY ADV. SRI.NIREESH MATHEW
RESPONDENTS/STATE/DEFACTO COMPLAINANT & OTHER INJURED:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM.
2 SAJEESH,
AGED 33 YEARS
S/O. VIJAYALAKSHMANAN, THAAPOTTA HOUSE,
KALLAMPARAMBU, KINAVALLUR, PARALI P.O., PALAKKAD
DISTRICT, IN-678 612.
3 VINESH,
AGED 29 YEARS
S/O. VIJAYALAKSHMANAN, THALAPOTTA HOUSE,
KALLAMPARAMBU, KINAVALLUR, PARAI P.O., PALAKKAD
DISTRICT, PIN-678 612.
R2-3 BY ADV. SRI.BABU JOSE
CRL.M.C.NO.5484 OF 2020
2
OTHER PRESENT:
PP T.R.RENJITH;PP MAYA M.N
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C.NO.5484 OF 2020
3
ORDER
Dated this the 17th day of March 2021 Petitioners are accused Nos. 1 to 3 in Crime No.251/2017 registered at the Mankara Police Station, Palakkad for offences punishable under Sections 341, 323 & 294(b) read with Section 34 of IPC, now pending as C.C. No.864/2017 on the files of Judicial First Class Magistrate Court-II, Palakkad. The de facto complainant, at whose instance the crime was registered and the other injured person, arrayed as 2nd & 3rd respondents respectively, have filed Annexures-B & C affidavits, stating that the dispute, which was the reason for the incident and registration of the crime, has been resolved 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 CRL.M.C.NO.5484 OF 2020 4 the affidavits filed by the 2nd & 3rd respondents, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and no public interest is involved in this matter. Moreover, in view of the 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-A Final Report and further proceedings in Crime No.251/2017 of Mankara Police Station, pending as C.C.No.864/2017 on the files of Judicial First Class Magistrate Court-II, Palakkad are quashed.
Sd/-
V.G.ARUN JUDGE NB/17.03.2021 CRL.M.C.NO.5484 OF 2020 0 APPENDIX PETITIONER'S EXHIBITS:
ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.251/2017 OF MANKARA POLICE STATION, PALAKKAD DISTRICT.
ANNEXURE B THE ORIGINAL OF THE AFFIDAVIT SWORN TO BY THE RESPONDENT NO.2 BEFORE HIS ADVOCATE AT PAAKKAD, DATED 28.11.2020.
ANNEXURE C THE ORIGINAL OF THE AFFIDAVIT SWORN TO BY THE RESPONDENT NO.3 BEFORE HIS ADVOCATE AT PALAKKAD, DATED 28.11.2020.
RESPONDENT'S EXHIBITS: NIL TRUE COPY P.A. TO JUDGE