Kerala High Court
Nalendran vs State Of Kerala on 1 July, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:48335
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 1ST DAY OF JULY 2025 / 10TH ASHADHA, 1947
CRL.MC NO. 4425 OF 2025
CRIME NO.1500/2016 OF Attingal Police Station, Thiruvananthapuram
IN CC NO.1626 OF 2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS
-I,ATTINGAL
PETITIONER/ACCUSED:
NALENDRAN,
AGED 69 YEARS
S/O NARAYANAN, VALIYAVILA VEEDU, KAMBIYILKONAM,
POIKAMUKKU, ATTINGAL, MUDHAKKAL VILLAGE,
THIRUVANANTHAPURAM DISTRICT, PIN - 695103
BY ADV SRI.V.A.VINOD
RESPONDENTS/STATE AND COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER,
ATTINGAL POLICE STATION, ATTINGAL, THIRUVANANTHAPURAM,
PIN - 695101
3 NADARAJAN,
AGED 77 YEARS
S/O PARAMESWARAN, VALIYAVEETTIL, KAMBIYILKONAM,
POIKAMUKKU, ATTINGAL, MUDHAKKAL VILLAGE,
THIRUVANANTHAPURAM DISTRICT, PIN - 695103
BY ADV SRI.SHAKTHI PRAKASH
SMT. SHEEBA THOMAS, PP.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.07.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:48335
Crl.M.C.No.4425 of 2025
2
ORDER
Dated this the 1st day of July, 2025 Petitioner is the accused in Crime No.1500 of 2016 registered at the Attingal Police Station for offences punishable under Sections 341, 324 and 323 of IPC, now pending as C.C. No.1626 of 2016 on the files of the Judicial First Class Magistrate Court-I, Attingal.
2. The crime is registered on the allegation that, at 07:00 a.m. on 18.07.2016, the accused, due to animosity arising from prior boundary disputes, assaulted the de facto complainant using a stone.
3. Learned Counsel for the petitioner submitted that the dispute, which led to the incident and registration of the crime, is amicably settled between 2025:KER:48335 Crl.M.C.No.4425 of 2025 3 the parties and Annexure A3 affidavit has been filed by the 3rd respondent, vouching this fact.
4. Learned Counsel for the 3rd respondent also submitted that the dispute is settled and his client has no grievance against the petitioner.
5. Heard learned Public Prosecutor also.
6. Having considered the gravity of the offences alleged and having perused the affidavit, contents of which is vouched to be true and voluntary by the Counsel for the 3rd 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 2025:KER:48335 Crl.M.C.No.4425 of 2025 4 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 A2 final report and all further proceedings in Crime No.1500 of 2016 registered at the Attingal Police Station, now pending as C.C. No.1626 of 2016 on the files of the Judicial First Class Magistrate Court-I, Attingal, as against the petitioner, is quashed.
Sd/-
V.G.ARUN JUDGE SSK/01/07 2025:KER:48335 Crl.M.C.No.4425 of 2025 5 APPENDIX OF CRL.MC 4425/2025 PETITIONER ANNEXURES Annexure A-1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO 1500/2016 OF ATTINGAL POLICE STATION DATED 20.07.2016 ALONG WITH FIS Annexure A-2 CERTIFIED COPY OF THE FINAL REPORT IN C.C NO 1626/2016 PENDING ON THE FILES OF HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ATTINGAL DATED 16.08.2016 Annexure A-3 ORIGINAL OF THE AFFIDAVIT SWORN IN BY THE RESPONDENT NO 3 DATED 07.03.2025 RESPONDENTS EXHIBITS : NIL TRUE COPY P.A. TO JUDGE