Kerala High Court
Adhithyan vs State Of Kerala on 29 May, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:38757
CRL.MC NO. 2404 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 29TH DAY OF MAY 2025 / 8TH JYAISHTA, 1947
CRL.MC NO. 2404 OF 2025
CRIME NO.1101/2023 OF ANCHAL POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT IN CC NO.806 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I, PUNALUR
PETITIONERS:
1 ADHITHYAN,
AGED 22 YEARS
PRINCY BHAVAN, KARIMPINKONAM,
YEROOR VILLAGE, KERALA, KOLLAM,
KERALA, PIN - 691306
2 AHINAS,
AGED 21 YEARS
S/O ANEESH, RESIDING AT KODIYIL VEEDU,
MADANNADA, CHADAYAMANGALAM VILLAGE,
KOLLAM RURAL, KERALA, PIN - 591534
3 VAISAKH,
AGED 21 YEARS
S/O VIJAYAN, RESIDING AT SUNIL MANDIRAM,
MUKKADA, MARUTHIKUNNU P.O, NAVAYIKKULAM,
KOLLAM, KERALA, PIN - 696503
4 ARIF,
AGED 22 YEARS
S/O NASEER, RESIDING AT NELLIVILA VEEDU,
MADANNADA, CHADAYAMANGALAM, KOLLAM,
KERALA, PIN - 691534
5 MUHAMMAD SHAHIN,
AGED 25 YEARS
2025:KER:38757
CRL.MC NO. 2404 OF 2025
2
S/O SHUKKOOR, RESIDING AT KOCHUVEEDU,
ANCHAL P.O, KOLLAM, KERALA, PIN - 691306
6 VAISHNAV,
AGED 22 YEARS
S/O VIJAYAKUMAR, RESIDING AT KUNNUMPURATHU VEEDU,
MADANNADA ROAD, MARUTHIKUNNU P.O,
KUDAVOOR, KOLLAM, KERALA, PIN - 696503
BY ADV SHRI.AMAL PARTHASARADHY
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 ABHILASH,
AGED 21 YEARS
S/O MURALEEDHARAN PILLAI, AKHILESH BHAVAN ,
PANAYAMCHERRY, ANCHAL, KOLLAM,
KERALA, PIN - 691306
BY ADVS
SRI.GIBI.C.GEORGE
SRI. M.P. PRASANTH, PP.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
29.05.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:38757
CRL.MC NO. 2404 OF 2025
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ORDER
Dated this the 29th day of May, 2025 The petitioners are accused Nos.1 to 6 in Crime No.1101 of 2023 registered at the Anchal Police Station for offences punishable under Sections 143, 147, 148, 149, 294(b), 323, 325, and 341 of the Indian Penal Code, now pending as C.C.No.806 of 2023 on the files of the Judicial First Class Magistrate Court-I, Punalur.
2. The crime was registered on the allegation that, due to political rivalry, at about 01:15 PM on 04.08.2023, the defacto complainant, a KSU activist, was verbally abused, restrained and assaulted by SFI activists, thereby causing 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 3 affidavit has been filed by the 2nd respondent vouching this fact.
4. Learned Counsel for the 2 nd 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.
2025:KER:38757 CRL.MC NO. 2404 OF 2025 4
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 2 nd 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) 10 SCC 303], there is no impediment in granting the relief.
In the result, this Crl.M.C is allowed. Annexure 2 final report in Crime No.1101 of 2023 of Anchal Police Station and all further proceedings in C.C.No.806 of 2023 on the files of the Judicial First Class Magistrate Court-I, Punalur, as against the petitioners, is quashed.
Sd/-
V.G.ARUN, JUDGE SPV 2025:KER:38757 CRL.MC NO. 2404 OF 2025 5 APPENDIX OF CRL.MC 2404/2025 PETITIONERS' ANNEXURES ANNEXURE 1 CERTIFIED COPY OF F.I.R. IN CRIME NO 1101/2023 OF ANCHAL POLICE STATION ANNEXURE 2 CERTIFIED COPY OF FINAL REPORT IN CRIME NO.1101/2023 OF ANCHAL POLICE STATION ANNEXURE 3 AFFIDAVIT DATED 24TH FEBRUARY 2025 SWORN BY THE SECOND RESPONDENT RESPONDENTS' ANNEXURES NIL //TRUE COPY// PA TO JUDGE