Kerala High Court
Saju M vs State Of Kerala on 24 June, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:44961
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 24TH DAY OF JUNE 2025 / 3RD ASHADHA, 1947
CRL.MC NO. 4477 OF 2025
CRIME NO.162/2025 OF Thamarassery Police Station, Kozhikode
PETITIONER/SOLE ACCUSED:
SAJU M
AGED 43 YEARS
PROPRIETOR, M/S. EMBROLIGHT , 60/504A, ERACKSON
COMPLEX, RAM MOHAN ROAD, CHINDAVALAPPU PALAYAM, KASABA,
KOZHIKODE-673004, RESIDING AT AISWARYA, KUNNAMANGALAM,
KUNNAMANGALAM KOZHIKODE, PIN - 673571
BY ADVS.
SRI.RAMEEZ NOOH
SHRI.DANIC ANTONY
SMT.FATHIMA K.
SMT.SHAFNA SINU
SHRI.AMIN ALI ASHRAF
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA
THROUGH THE STATION HOUSE OFFICER, THAMARASSERY POLICE
STATION, KOZHIKODE REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 THE ASSISTANT EXECUTIVE ENGINEER
PWD, NATIONAL HIGH-WAY SUB DIVISION, KODUVALLY,
KOZHIKODE, PIN - 673572
SMT. SHEEBA THOMAS, PP.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.06.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:45675
Crl.M.C.No.4477 of 2025
2
ORDER
Dated this the 24th day of June, 2025 Petitioner is the accused in Crime No.162 of 2025 registered at the Thamarassery Police Station for the offence punishable under Section 303(2) of the BNS, 2023.
2. The crime is registered on the allegation that, between 01.09.2024 and 18.09.2024, accused unlawfully removed and took away the hand rails installed on the foot path in front of the establishment named 'MY G', thereby stealing Government property.
3. Learned Counsel for the petitioner submitted that on the basis of the same allegations, the petitioner was directed to remit Rs. 1,68,300 as compensation for the damages sustained by removal of 2025:KER:45675 Crl.M.C.No.4477 of 2025 3 the hand rails. In compliance of the direction, the petitioner has remitted the entire amount, evidenced by Annexure A7 receipt. It is the further submission of the Counsel that the 2nd respondent has submitted Annexure A8 letter to the Investigating Officer stating that the amount is remitted and the further prosecution may be dropped.
4. Learned Public Prosecutor submitted that the issue has been amicably settled between the 2 nd respondent and the petitioner and communication has been issued to the Investigating Officer in this regard.
5. Having considered the gravity of the offence alleged, 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 2025:KER:45675 Crl.M.C.No.4477 of 2025 4 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 A1 FIR and all further proceedings in Crime No.162 of 2025 registered at the Thamarassery Police Station, as against the petitioner, is quashed.
Sd/-
V.G.ARUN JUDGE SSK/24/06 2025:KER:45675 Crl.M.C.No.4477 of 2025 5 APPENDIX OF CRL.MC 4477/2025 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF FIR DATED 22.02.2025 IN CRIME NO. 162 OF 2025 OF THAMARASSERY POLICE STATION, KOZHIKODE CITY ALONG WITH THE CERTIFIED COPY OF THE COMPLAINT Annexure A2 TRUE COPY OF THE REQUEST DATED 20.08.2024 ISSUED TO THE 2ND RESPONDENT BY THE MANAGING DIRECTOR OF MYG INDIA Annexure A3 TRUE COPY OF THE LETTER ISSUED BY THE EXECUTIVE ENGINEER DATED 30.08.2024 VIDE LETTER NO. D3NH-ACCESS/2024 Annexure A4 TRUE COPY OF THE RC OF THE VEHICLE BEARING REGISTRATION NO. KL 11 BZ 8602 Annexure A5 TRUE COPY OF LETTER VIDE LETTER NO.
AE/NH/KDLY/GENERAL/2024 DATED 18.09.2024 ISSUED BY THE 2ND RESPONDENT TO THE MANAGING DIRECTOR OF MY G INDIA Annexure A6 TRUE COPY OF THE LETTER DATED 15.10.2024 ISSUED BY MANAGING DIRECTOR, MY G TO THE 2ND RESPONDENT Annexure A7 TRUE COPY OF THE E-CHALLAN RECEIPT WITH GRN NO.KL042596388202425E DATED 28.03.2025 Annexure A8 TRUE COPY OF THE LETTER WITH LETTER NO.D1/NH/GL/2024/MYG DATED 05.04.2025 RESPONDENTS EXHIBITS : NIL TRUE COPY P.A. TO JUDGE