Kerala High Court
Ameerkhan P vs State Of Kerala on 11 April, 2025
Author: V.G.Arun
Bench: V.G.Arun
Crl.M.C.No.2542/25
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2025:KER:32719
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947
CRL.MC NO. 2542 OF 2025
CRIME NO.47/2019 OF Melattur Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.174 OF 2019
OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,PERINTHALMANNA
PETITIONER
AMEERKHAN P,
AGED 24 YEARS
S/O SAIDALAVI P, PANAMBUZHI HOUSE, KARKKIDAMKUNNU
P.O, ALANALLUR- II, PALAKKAD, KERALA, PIN -
678601
BY ADVS.
SANTHOSH PETER (MAMALAYIL)
P.N.ANOOP
M.S.SANDEEP SUDHAKARAN
MUHAMMED SUHAIL V.
ADEEN NAZAR
SREERAJ S. RAJARAM
NADEEM NAZAR
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RESPONDENTS
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 SADANANDA SUNANI,
AGED 57 YEARS
S/O ANUR SUNANI,
PERMANENT RESIDENT OF RAJPUR
VILLAGE,KARIL(1),KALHANDI,ODISHA-766014,
NOW RESIDING AT PULIKKAL COMPLEX,
NEAR RMHSS SCHOOL,
MELATTUR,MALAPPURAM DISTRICT
BY ADV ABDUL RAHOOF P.M.
OTHER PRESENT:
SMT. PUSHPALATHA. M.K, SR.PP.
THIS CRIMINAL MISC.CASE HAVING COME UP FOR ADMISSION
ON 11.04.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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V.G.ARUN, J
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Crl.M.C.No.2542 of 2025
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Dated this the 11th day of April, 2025
ORDER
The petitioner is the accused in Crime No.47 of 2019 registered at the Melattoor Police Station for offences punishable under Sections 457 and 380 read with 34 of the Indian Penal Code, now pending as C.C.No.174 of 2019 on the files of the Judicial First Class Magistrate Court-II, Perinthalmanna.
2. The crime was registered on the allegation that, the accused unlawfully trespassed into a rented quarters at Pulikkal Complex near RMHS School, Melattoor, at about 00.40 hrs on 15/03/2019, and committed theft of mobile phones worth Rs.1000/- each, belonging to the de facto complainant/2 nd respondent and CW2.
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3. Learned counsel for the petitioner submitted that the dispute, which led to the incident and registration of the crime, is amicably settled and Annexure 3 affidavit has been filed by the 2nd respondent vouching this fact.
4. Learned counsel for the 2nd respondent also submitted that the dispute is settled and his client has no grievance against the petitioner.
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 2 nd 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, 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 Crl.M.C.No.2542/25 5 2025:KER:32719 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 2 final report in Crime No.47 of 2019 registered at the Melattoor Police Station and all further proceedings in C.C.No.174 of 2019 on the files of the Judicial First Class Magistrate Court-II, Perinthalmanna, as against the petitioner, is quashed.
sd/-
V.G.ARUN, JUDGE sj Crl.M.C.No.2542/25 6 2025:KER:32719 APPENDIX OF CRL.MC 2542/2025 PETITIONER ANNEXURES Annexure 1 CERTIFIED COPY OF THE FIR IN CRIME NO.
47/2019 OF MELATTOOR POLICE STATION, MALAPPURAM DISTRICT Annexure 2 CERTIFIED COPY OF THE FINAL REPORT IN CC NO.174/2019 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -II PERINTHALMANNA, MALAPPURAM Annexure 3 AFFIDAVIT SWORN BY 2ND RESPONDENT/DEFACTO COMPLAINANT