Kerala High Court
Surendran Kuttappan vs Deepa on 19 May, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:34623
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 19TH DAY OF MAY 2025 / 29TH VAISAKHA, 1947
CRL.MC NO. 3408 OF 2024
CRIME NO.348/2016 OF Venjaramoodu Police Station,
Thiruvananthapuram
IN CC NO.1876 OF 2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS -
I,NEDUMANGAD
PETITIONERS/ACCUSED 2 TO 6:
1 SURENDRAN KUTTAPPAN
AGED 75 YEARS
S/O.GOVINDAN KAVARA, LEKSHMI BHAVAN, KAVARA,
VENJARAMOODU THIRUVANANTHAPURAM, PIN - 695607
2 PRAKASH ,
AGED 57 YEARS
S/O. PURUSHOTHAMAN, AKKARA VILA VEEDU, KAVARA,
VENJARAMODU, THIRUVANANTHAPURAM, PIN - 695607
3 SHIBUSENAN,
AGED 41 YEARS
S/O. CHANDRASENAN AKKARA VILA VEEDU, KAVARA
VENJARAMODU, THIRUVANANTHAPURAM, PIN - 695607
4 JAFFAR
AGED 66 YEARS
S/O.ABDUL RAHUMAN, AGED 66 YEARS, JAFAR MANZIL,
NEERCHALIL.. ,KAVARA VENJARAMODU, THIRUVANANTHAPURAM,
PIN - 695607
5 SUKU
AGED 47 YEARS
S/O.GOPI, NEERCHALI VEEDU.,KAVARA VENJARAMODU,
THIRUVANANTHAPURAM, PIN - 695607
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Crl.M.C.No.3408 of 2024
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BY ADVS.
K.J.MANU RAJ
K.VINAYA
RESPONDENTS/COMPLAINANT/STATE:
1 DEEPA,
AGED 40 YEARS
D/O.SANTHA , RESIDING AT SREERAGAM, PANDAKASHALAM
SARKKARA VILLAGE, CHIRAYINKEEZHU, THIRUVANANTHAPURAM,
PIN - 695101
2 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
3 SUB INSPECTOR OF POLICE,
VENJARAMOPODO POLICE STATION, THIRUVANANTHAPURAM .,
PIN - 695607
BY ADV S.SUDHEER
SRI. M.P. PRASANTH, PP.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.05.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.M.C.No.3408 of 2024
3
ORDER
Dated this the 19th day of May, 2025 Petitioners are accused Nos.2 to 6 in Crime No.348 of 2016 registered at the Venjaramoodu Police Station for offences punishable under Sections 141, 143, 441, 447, 427, 506 and 294(b) of IPC, now pending as C.C. No.1876 of 2016 on the files of the Judicial First Class Magistrate Court-I, Nedumangad.
2. The crime is registered on the allegation that, at 11:00 a.m. on 09.01.2016, the accused trespassed into the rubber plantation of the defacto complainant and cut down the trees, causing loss of Rs.500/-. It is also alleged that the accused threatened and abused the defacto complainant and CW2 when they tried to intervene.
2025:KER:34623 Crl.M.C.No.3408 of 2024 4
3. Learned Counsel for the petitioners submitted that the dispute, which led to the incident and registration of the crime, is amicably settled between the parties and Annexure A 3 affidavit has been filed by the 1st respondent, vouching this fact.
4. Learned Counsel for the 1st respondent also submitted that the dispute is settled and his client has no grievance against the petitioners.
5. Learned Public Prosecutor submits that the statement of the defacto complainant was recorded over phone and the Investigating Officer was informed that the dispute has been settled.
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 1st respondent, I am satisfied that no 2025:KER:34623 Crl.M.C.No.3408 of 2024 5 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 A 2 final report and all further proceedings in Crime No.348 of 2016 registered at the Venjaramoodu Police Station, now pending as C.C. No.1876 of 2016 2025:KER:34623 Crl.M.C.No.3408 of 2024 6 on the files of the Judicial First Class Magistrate Court- I, Nedumangad, as against the petitioners, is quashed.
Sd/-
V.G.ARUN JUDGE SSK/20/05 2025:KER:34623 Crl.M.C.No.3408 of 2024 7 APPENDIX OF CRL.MC 3408/2024 PETITIONER ANNEXURES Annexure A1 A CERTIFIED COPY OF THE FIR IN CRIME/FIR NO. 348/2016 DATED 16.3.2016 ON THE FILES OF THE VENJARAMOODU POLICE STATION Annexure A 2 A CERTIFIED COPY OF THE FINAL REPORT IN C.C 1876/2016 ON THE FILE OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, COURT-I NEDUMANGAD DATED 15.6.2016 Annexure A 3 ORIGINAL AFFIDAVIT SWORN BY THE 1ST RESPONDENT/ DEEPA DATED 4.4.2024 RESPONDENTS EXHIBITS : NIL TRUE COPY P.A. TO JUDGE