Kerala High Court
Jithin Vikram vs The State Of Kerala on 28 October, 2020
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 28TH DAY OF OCTOBER 2020 / 6TH KARTHIKA, 1942
Crl.MC.No.4157 OF 2020(H)
AGAINST THE JUDGMENT IN CP 10/2020 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -I,PATHANAMTHITTA
CRIME NO.1853/2019 OF Pathanamthitta Police Station ,
Pathanamthitta
PETITIONERS:
1 JITHIN VIKRAM
AGED 26 YEARS
S/O. VIKRAMAN, THEKKEKKARA HOUSE, PRAKKANAM P.O,
CHENNEERKKARA, PATHANAMTHITTA 689 647
2 JITHU REGHUNATH,
AGED 25 YEARS
S/O. REGHUNATHAN NAIR, VAYALLIRAKKATHU VEEDU,
NARANGANAM, KADAMANITTA, PATHANAMTHITTA 689 649
3 RAHUL KRISHNAN,
AGED 26 YEARS
S/O. UNNIKRISHNAN NAIR, SARASWATHY VILASOM VEEDU,
ELAPPUPARA P.O, KOTTAYAM 685 501
4 PRANAV @ KANNAN,
AGED 23 YEARS
S/O. PRASANNAN, SUJATHA BHAVAN, THENGUMKAVU P.O,
PRAMADAM, VETTOOR MURI, PATHANAMTHITTA 689 653.
5 RAHUL NAIR V,
AGED 22 YEARS
S/O. VIJAYAKUMAR K, OTTAPLAMMOOTTIL,
KARIMPANAMKUZHY,PATHANAMTHITTA 689 673
6 ARUN HARI @ MUTHU,
AGED 24 YEARS
S/O. HARIKUMAR, KUZHITHADATHIL VEEDU, ANGUMTHODU,
NARANGANOM P.O, KADAMMANITTAM, NARANGANAM VILLAGE,
PATHANAMTHITTA 689 642
7 NITHISH KUMAR @ CHANDU,
AGED 22 YEARS
S/O. ASHOK KUMAR, ASHOK BHAVAN, KANAMUKKU, NARAGANAM
NORTH, NARANGANAM, PATHANAMTHITTA 689 642.
Crmc 4157/2020 2
8 ASHISH T. MOHAN,
AGED 25 YEARS
S/O. MOHANAN, THADATHILVEEDU, MEKKOOZHOOR P.O,
MEKKOOZHOOR MURI, MYLAPRA VILLAGE, PATHANAMTHITTA
689 671
BY ADV. SRI.V.S.THOSHIN
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM 682 031.
2 THE SUB INSPECTOR OF POLICE
PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA 689
645
3 SIBIMON @ UNNI
AGED 28 YEARS
S/O. SELVARAJ, RESIDING AT SIBI BHAVAN, NEAR
KALLIYOORKUNJUMON INTERNATIONAL MINISTERIES CHURCH,
PALLICHAL P.O, KALLIYOOR VILLAGE,
THIRUVANANTHAPURAM 695 042 (DEFACTO COMPLAINANT)
R3 BY ADV. P.LINIMOL
SR.PP.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
28.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crmc 4157/2020 3
V.G.ARUN, J.
===========================
Crl.M.C.No.4157 of 2020
===========================
Dated this the 28th day of October, 2020
ORDER
Petitioners are the accused in Crime No.1853 of 2019 registered at the Pathanamthitta Police Station for offences punishable under Section 397 of IPC, now pending as C.P.No.10 of 2020 on the file of Judicial First Class Magistrate Court-I, Pathanamthitta. The de facto complainant, at whose instance the crime was registered, is the 3rd respondent. Annexure B affidavit has been filed by the 3 rd respondent stating that the dispute, which led to registration of the crime, is resolved 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 3rd respondent, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and Crmc 4157/2020 4 that 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.
4. In the result, this Crl.M.C is allowed. The proceedings in C.P.No.10 of 2020 on the file of Judicial First Class Magistrate Court-I, Pathanamthitta is quashed.
Sd/-
V.G.ARUN JUDGE lgk Crmc 4157/2020 5 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A THE TRUE COPY OF THE FINAL REPORT IN C.P NO. 10/2020 ARISED FROM CRIME NO. 1853/2019 OF PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-1, PATHANAMTHITTA.
ANNEXURE B THE COMPROMISE AFFIDAVIT OF 3RD RESPONDENT/CW1