Kerala High Court
Sreenivasan vs State Of Kerala on 8 January, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:923
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 8TH DAY OF JANUARY 2025 / 18TH POUSHA, 1946
CRL.MC NO. 10697 OF 2024
CRIME NO.162/2021 OF Changanassery Police Station, Kottayam
CC NO.284 OF 2021 OF JUDICIAL MAGISTRATE OF FIRST
CLASS ,CHANGANACHERRY
PETITIONERS/ACCUSED 1 TO 4:
1 SREENIVASAN,
AGED 54 YEARS
S/O KUTTAPPAN, PUTHUPARAMBIL HOUSE, NEAR NALPATHI
COLONY, PERUNNA KEYAKE KARAYIL, PERUNNA P.O.,
CHANGANASSERY, KOTTAYAM DISTRICT, PIN - 686101.
2 SREEKUMAR @KUNJUMON,
AGED 50 YEARS
S/O KUTTAPPAN., PUTHUPARAMBIL HOUSE, NEAR NALPATHI
COLONY, PERUNNA KEYAKE KARAYIL, PERUNNA P.O.,
CHANGANASSERY, KOTTAYAM DISTRICT, PIN - 686101.
3 SANTHOSH KUMAR P.E,
AGED 50 YEARS
S/O KUTTAPPAN., PUTHUPARAMBIL HOUSE, NEAR NALPATHI
COLONY, PERUNNA KEYAKE KARAYIL, PERUNNA P.O.,
CHANGANASSERY, KOTTAYAM DISTRICT, PIN - 686101.
4 SREEKANTH P.S,
AGED 25 YEARS
S/O SREENIVASAN P.K., PUTHUPARAMBIL HOUSE, NEAR
NALPATHI COLONY, PERUNNA KEYAKE KARAYIL, PERUNNA P.O.,
CHANGANASSERY, KOTTAYAM DISTRICT, PIN - 686101.
BY ADVS.
K.SHAJ
BEENA N.KARTHA
ARUN CHAND
BHARAT VIJAY P.
2025:KER:923
CRL.MC NO. 10697 OF 2024 2
MINU VITTORRIA PAULSON
ARCHANA P.P.
GOPIKA GOPAL
A.R.JUMANA ZULPHIKER
RESPONDENT/STATE & DE FACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031.
2 SUB INSPECTOR OF POLICE,
CHANGANASSERY POLICE STATION, CHANGANASSERY P.O.,
CHANGANASSERY, KOTTAYAM, PIN - 691536.
3 ANANDHU BABU,
AGED 29 YEARS
S/O SURESH BABU, RESIDING AT KATTATHARA HOUSE, URAVA
BHAGOM, PERUNNA P.O., CHANGANASSERY, KOTTAYAM DISTRICT,
PIN - 686102.
BY ADV NEETHU S.
SRI. C.S.HRITHWIK, SR.PP.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.01.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:923
CRL.MC NO. 10697 OF 2024 3
ORDER
Petitioners are the accused in Crime No.162 of 2021 registered at the Changanassery Police Station alleging commission of offences punishable under Sections 323, 294(b) and 34 of the Indian Penal Code, now pending as C.C No.284 of 2021 on the files of the Judicial First Class Magistrate Court I, Changanassery.
2. The crime is registered on the allegation that, at about 7 p.m on 8.2.2021, due to previous animosity, accused persons assaulted the de facto complainant and abused him using obscene words.
3. Learned Counsel for the petitioners submits that the dispute, which led to the incident and registration of the crime, is settled and Annexure A3 affidavit has been filed by the 3rd respondent vouching this fact.
4. Learned Counsel for the 3rd respondent also submitted 2025:KER:923 CRL.MC NO. 10697 OF 2024 4 that the dispute is settled and his client has no grievance against the petitioners.
5. I heard the learned Public Prosecutor also.
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 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 arrived at between the parties, 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 A2 final 2025:KER:923 CRL.MC NO. 10697 OF 2024 5 report and all further proceedings in C.C No.284 of 2021 on the files of the Judicial First Class Magistrate Court I, Changanassery, as against the petitioners, is quashed.
Sd/-
V.G.ARUN JUDGE Sru 2025:KER:923 CRL.MC NO. 10697 OF 2024 6 APPENDIX OF CRL.MC 10697/2024 PETITIONERS ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FIRST INFORMATION REPORT DATED 09/02/2021 IN CRIME NO. 162/2021 OF CHANGANASSERY POLICE STATION, KOTTAYAM DISTRICT.
Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT DATED 12/02/2021 FILED BY THE 2ND RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT - I, CHANGANASSERY, KOTTAYAM DISTRICT . Annexure A3 THE AFFIDAVIT DATED 30/11/2024 SWORN BY THE 3RD RESPONDENT SETTLING ALL THE DISPUTES WITH THE PETITIONERS.