Kerala High Court
Rajeesh V. P vs State Of Kerala on 29 January, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:8519
CRL.MC NO. 398 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 29TH DAY OF JANUARY 2025 / 9TH MAGHA, 1946
CRL.MC NO. 398 OF 2025
CRIME NO.831/2024 OF NADAPURAM POLICE STATION, KOZHIKODE
PETITIONERS:
1 RAJEESH V. P,
AGED 41 YEARS
S/O. KUMARAN, VENGANAYULLA PARAMBATH,
ARUR POST, ARUR, KAKKATTIL, PURAMERI,
KOZHIKODE, PIN - 673507
2 PRAJITH P. K,
AGED 30 YEARS
S/O. PREMAN P. K., THEKKAYIL,KOTTAPPALLY,
VILLYAPPALLI, KOZHIKODE, PIN - 673542
3 LIJIN LLAL,
AGED 36 YEARS
S/O. KUMARAN, ONGARA MEETHAL,VELOM,
KOZHIKODE, PIN - 673507
4 VYSAKH K,
AGED 29 YEARS
S/O. RAJAN, KUNNATH,AYANCHERI,
KOZHIKODE, PIN - 673541
BY ADV ANN SUSAN GEORGE
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 THE SUB INSPECTOR OF POLICE,
2025:KER:8519
CRL.MC NO. 398 OF 2025
2
NADAPURAM POLICE STATION,
KOZHIKODE RURAL, PIN - 673504
3 SHAKKEER P. P,
AGED 41 YEARS
S/O. USMAN, NELLIKANDIYIL HOUSE,
AROOR AMSOM DESOM, AROOR P. O.,
VATAKARA TALUK, KOZHIKODE, PIN - 673507
BY ADVS
P.M.RAFIQ
SRI. SANAL. P. RAJ., PP.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
29.01.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:8519
CRL.MC NO. 398 OF 2025
3
ORDER
Dated this the 29th day of January, 2025 The petitioners are accused Nos.1 to 4 in Crime No.831 of 2024 registered at the Nadapuram Police Station for offences punishable under Sections 126(2), 115(2), 296, 351(3) and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, now pending on the files of the Judicial First Class Magistrate Court, Nadapuram.
2. The crime was registered on the allegation that, on 24.11.2024, at about 18:15 hrs, accused gathered at the Sahridaya Bus Stop in Aroor, restrained the de facto complainant, verbally abused him, threatened him, and beat him with an iron rod, thereby causing injuries.
3. Learned Counsel for the petitioners submitted that the dispute, which led to the incident and registration of the crime, is amicably settled and Annexure.III affidavit has been filed by the 3rd respondent vouching this fact.
4. Learned Counsel for the 3 rd respondent also submitted that the dispute is settled and his client has no grievance against the petitioners.
5. I heard the learned Public Prosecutor also.
2025:KER:8519 CRL.MC NO. 398 OF 2025 4
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 3 rd 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 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.I FIR and all further proceedings in Crime No.831 of 2024 registered at the Nadapuram Police Station, pending on the files of the Judicial First Class Magistrate Court, Nadapuram, as against the petitioners, is quashed.
Sd/-
V.G.ARUN, JUDGE SPV 2025:KER:8519 CRL.MC NO. 398 OF 2025 5 APPENDIX OF CRL.MC 398/2025 PETITIONERS' ANNEXURES ANNEXURE.I THE CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 831 / 2024 OF NADAPURAM POLICE STATION, KOZHIKODE RURAL DATED.25.11.2024 ANNEXURE.II THE CERTIFIED COPY OF THE REPORT OF THE 2ND RESPONDENT DATED 11.12.2024. FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, NADAPURAM, IN CRIME NO. 831 / 2024 OF NADAPURAM POLICE STATION, KOZHIKODE RURAL ANNEXURE.III THE AFFIDAVIT DATED 17.12.2024. SWORN IN BY THE 3RD RESPONDENT PETITIONERS' ANNEXURES: NIL //TRUE COPY// PA TO JUDGE