Kerala High Court
Ansar vs State Of Kerala on 19 January, 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
TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942
Crl.MC.No.5543 OF 2020(C)
AGAINST THE JUDGMENT IN CC 2160/2017 OF SPECIAL COURT OF JUDICIAL
MAGISTRATE OF FIRST CLASS- XI), THIRUVANANTHAPURAM
CRIME NO.1027/2013 OF Valiyathura Police Station,
Thiruvananthapuram
PETITIONERS:
1 ANSAR,
AGED 38 YEARS
S/O. SHAHUL HAMEED, T.C. 35/1183, HOUSE NO. 178, P.D.
NAGAR, VALLAKKADAVU WARD, MUTTACHIRA VILLAGE,
THIRUVANANTHAPURAM DISTRICT.
2 MAHEEN,
AGED 41 YEARS
S/O. ABOOBACKER, T.C.35/1183, PRDA 32, VALLAKKADAVU
WARD, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM
DISTRICT.
BY ADV. SRI.SHAJIN S.HAMEED
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTEDBY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN-682 031
2 NAZEER
AGED 50 YEARS
S/O.MUSTHAFA, T.C. 45/585(1), AZAD NAGAR,
MANIKYAVILAKOM, BEEMAPALLY WARD, MUTTATHARA VILLAGE,
THIRUVANANTHAPURAM DISTRICT, PIN CODE-695 008
R2 BY ADV. BIJU VARGHESE ABRAHAM
SR.PP.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crmc 5543/2020 2
V.G.ARUN, J.
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Crl.M.C.No.5543 of 2020
===========================
Dated this the 19th day of January, 2021
ORDER
Petitioners are the accused in Crime No.1027 of 2013 registered at the Valiyathura Police Station for the offences punishable under Sections 294(b), 341, 506(1), 427 r/w 34 of IPC, now pending as CC No.2160/2017 of Judicial Magistrate of First Class- XI, Thiruvananthapuram. The de facto complainant at whose instance the crime was registered is the 2 nd respondent. Annexure C has been filed by the 2nd respondent, stating that the dispute has been settled and that he has no subsisting grievance against the petitioners.
2. Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioners have no criminal antecedents.
3. Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by the 2nd respondent, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and that no public interest is involved in this matter. Moreover, in Crmc 5543/2020 3 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.
4. In the result, this Crl.M.C is allowed. The proceedings in CC No.2160/2017 of Special Court of Judicial Magistrate of First Class-XI, Thiruvananthapuram is quashed.
Sd/-
V.G.A RUN JUDGE lgk Crmc 5543/2020 4 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A PHOTOCOPY OF THE FIR IN CRIME NO. 1027/2013 OF VALIATHURA POLICE STATION.
ANNEXURE B CERTIFIED COPY OF THE FINAL REPORT IN CRIMENO.1027/2013 OF VALIATHURA POLICE STATION.
ANNEXURE C AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT /CW1.