Kerala High Court
Saran K. Sasi vs Crl.Mc.No.59 Of 2021(F) ..2 on 19 February, 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
FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942
Crl.MC.No.59 OF 2021(F)
AGAINST THE JUDGMENT IN CC 211/2020 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -II,PATHANAMTHITTA
CRIME NO.58/2020 OF Koipuram Police Station , Pathanamthitta
PETITIONER/ACCUSED:
1 SARAN K. SASI
AGED 19 YEARS
S/O. SASI, KALLUZHATHIL HOUSE, VALLAMKULAM P. O.,
THIRUVALLA, PATHANAMTHITTA - 689 541.
2 JAYAKRISHNAN
AGED 19 YEARS
S/O. JAYACHANDRAN, VENGATTOOR HOUSE, VADASERIKARA P.
O., PATHANAMTHITTA - 689 662.
3 JAYASH KUMAR G.
AGED 19 YEARS
S/O. GIRISHKUMAR, JAI BHAVAN, EDAYAVANMULA P. O.,
PATHANAMTHITTA - 689 532.
4 AKHIL KRISHNA
AGED 19 YEARS
S/O. ANANDHAN, THEKKEDATHUPARAMBIL HOUSE, PARUMALA P.
O., THIRUVALLA, PATHANAMTHITTA.
5 MUHAMMED SHAMNAD P. S.
AGED 19 YEARS
S/O. SHAJIKHAN, PANTHRANDUPARAYIL HOUSE, NARAKATHANI
P. O., VENNIKULAM, PATHANAMTHITTA.
6 AMAL KRISHNA
AGED 19 YEARS
S/O. KRISHNANKUTTY, OLUPPIL THUNDIYIL HOUSE, PARUMALA
P. O., THIRUVALLA, PATHANAMTHITTA - 689 626.
BY ADV. SRI.SEBIN THOMAS
RESPONDENT/STATE/DE FACTO COMPLAINANT:
Crl.MC.No.59 OF 2021(F) ..2..
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2 THE SUB INSPECTOR OF POLICE
KOIPRAM POLICE STATION, PULLAD,
PATHANAMTHITTA DISTRICT.
3 AJEESH RAMAKRISHNAN
AGED 18 YEARS
S/O. RAMAKRISHNAN, ERATTAPANAKKAL HOUSE,
KURUVILANGADU P. O., KURUVILANGAD, KOTTAYAM, PIN -
686633.
*ADDL. RAHUL KRISHNAN, AGED 19 YEARS,
R4 S/O RADHAKRISHNAN UNNITHAN
EDAPPURAYIL, THENGAMAM
THENGAMAM PO- 690 522
5 VISHNU.A, AGED 19
S/O ANILKUMAR
VAZHUVELIL PUTHEN VEEDU
PAZHAKALAM PO - 691 527
6 ANANDU, S/O RAVI
RAVI SADANAM, ENATHU PO
ADOOR 691 526
7 AMAL SHAJI
S/O SHAJI, AGED 24 YEARS
THEJUS, PAKKANDOM
ARTHINKAL PO
KONNI, PATHANAMTHITTA- 689 693
R3 BY ADV. AKHIL BHASKAR
OTHER PRESENT:
SR.PP.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.59 OF 2021(F) ..3..
ORDER
Dated this the 19th day of February 2021 Petitioners are the accused in Crime No.58/2020 registered at the Koipram Police Station for offences punishable under Sections 294(b), 341, 323 and 324 r/w 34 of IPC, now pending as C.C.No.211/2020 on the files of the Judicial First Class Magistrate Court-II, Pathanamthitta. The de facto complainant and the other persons injured are arrayed as respondents 3 to
7. Annexures-A-II and A-III affidavits have been filed by the said respondents 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 Crl.MC.No.59 OF 2021(F) ..4..
criminal antecedents.
3. Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavits filed by respondents 3 to 7, 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.
Crl.MC.No.59 OF 2021(F) ..5..
In the result, this Crl.M.C is allowed. The proceedings in C.C.No.211/2020 on the files of the Judicial First Class Magistrate Court-II, Pathanamthitta is quashed.
Sd/-
V.G.ARUN
SB/23/02/2021
JUDGE
Crl.MC.No.59 OF 2021(F) ..6..
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE I A CERTIFIED COPY OF THE CHARGE SHEET
DATED 30.01.2020 IN C.C.NO.211/2020. ANNEXURE II THE COMPROMISE AFFIDAVIT DATED 11.12.2020 FILED BY THE DEFACTO COMPLAINANT.
ANNEXURE III TRUE COPY OF THE SETTLEMENT AFFIDAVIT DATED 9.2.2021 //true copy// P.A to Judge