Kerala High Court
Salman V.A vs State Of Kerala on 13 February, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:12153
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 13TH DAY OF FEBRUARY 2025 / 24TH MAGHA, 1946
CRL.MC NO. 572 OF 2025
CRIME NO.597/2024 OF ELAMAKKARA POLICE STATION, ERNAKULAM
PETITIONER(S)/ACCUSED 1 TO 4:
1 SALMAN V.A.,
AGED 28 YEARS
S/O ABDUL SALAM, NAMBOORIMADATHIL HOUSE,
DESHABHIMANI ROAD, ELAMKULAM VILLAGE, KALOOR P.O,
ERNAKULAM, PIN - 682017
2 AKHIL BABU N.B.
AGED 31 YEARS
S/O.N.A.BABU, NERIM BODATH HOUSE,
VELICHANNA PARAMBU LANE, THANICKAL ,
ELAMAKKARA, ERNAKULAM, PIN - 682026
3 VINEETH N.S.,
AGED 29 YEARS
S/O.SUNIL KUMAR N.P, NERIMBODATH PARAMBIL HOUSE,
ASOKA ROAD, KALOOR, ERNAKULAM, PIN - 682017
4 MOHAMMED SHEFIN P.N.,
AGED 29 YEARS
S/O NIZAM K.K, PADATH PARAMBU HOUSE,
MASJID LANE, DESHABHIMANI ROAD, KALOOR S.O,
ERNAKULAM,
PIN - 682017
BY ADVS.
RAMEEZ NOOH
DANIC ANTONY
FATHIMA K.
AMIN ALI ASHRAF
SHAFNA SINU
RESPONDENT(S)/STATE & DE-FACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
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2 SUBASH K.SATHYAN,
AGED 34 YEARS
S/O K.N.SATHYAN, KARUKAPPALLIL, 68 MILE,
KUMILY, IDUKKI, PIN - 685509
BY ADVS.
PUSHPALATHA. M.K, SR. PUBLIC PROSECUTOR
K.N.MUHAMMED THANVEER
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.02.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 13th day of February, 2025 Petitioners are accused nos.1 to 4 in Crime No.597 of 2024 registered at the Elamakkara Police Station for offences punishable under Sections 115(2), 118(1), 118(2), 126, 296(b) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, now pending on the files of the Judicial First Class Magistrate Court-II, Aluva.
2. The crime was registered on the allegation that, on 15.12.2024, at about 06:30 pm, accused restrained the defacto complainant, verbally abused him and hit him with a helmet and hands, thereby causing bodily injuries.
3. Learned Counsel for the petitioners submitted that the dispute, which led to the incident and registration of the crime, is amicably settled and Annexure A2 affidavit has been filed by the 2nd respondent vouching this fact.
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4. Learned Counsel for the 2nd respondent also submitted that the dispute is settled and his client has no grievance against the petitioners.
5. I heard the learned Public Prosecutor also.
6. Having considered the gravity of the offences alleged and having perused the affidavit, the contents of which are vouched to be true and voluntary by the Counsel for the 2nd 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, 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) Crl.M.C. No.572 of 2025 2025:KER:12153 5 10 SCC 303], there is no impediment in granting the relief.
In the result, this Crl.M.C is allowed. Annexure A1 First Information Report and all further proceedings in Crime No.597 of 2024 of Elamakkara Police Station, pending on the files of the Judicial First Class Magistrate Court-II, Aluva, as against the petitioners, is quashed.
Sd/-
V.G.ARUN JUDGE NB/13-2 Crl.M.C. No.572 of 2025 2025:KER:12153 6 APPENDIX OF CRL.MC 572/2025 PETITIONER ANNEXURES ANNEXURE A1 CERTIFIED COPY OF FIR DATED 16.12.2024 IN CRIME NO. 597 OF 2024 OF ELAMAKKARA POLICE STATION, ERNAKULAM CITY ANNEXURE A2 THE AFFIDAVIT DTD. 08.01.2025 SWORN BY THE 2ND RESPONDENT TRUE COPY P.A. TO JUDGE