Kerala High Court
Ananthu.B.S vs State Of Kerala on 7 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 07TH DAY OF OCTOBER 2020 / 15TH ASWINA, 1942
Crl.MC.No.4149 OF 2020(G)
AGAINST THE JUDGMENT IN CC 1966/2017 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -I,ATTINGAL
CRIME NO.2088/2017 OF Attingal Police Station , Thiruvananthapuram
PETITIONERS:
1 ANANTHU.B.S
AGED 25 YEARS
S/O.BABU, MAHIMA, POIKAMUKKU P.O., ATTINGAL,
CHIRAYINKEEZHU, THIRUVANANTHAPURAM-695103.
2 S.SHEEBA,
AGED 47 YEARS
W/O.BABU, MAHIMA, POIKAMUKKU P.O., ATTINGAL,
CHIRAYINKEEZHU, THIRUVANANTHAPURAM-695103.
BY ADV. SRI.N.SASI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031.
2 THE STATION HOUSE OFFICER
ATTINGAL POLICE STATION, THIRUVANANTHAPURAM-695001.
3 SUDHA S.
AGED 57 YEARS
W/O.RAVI, V.R.S.VILLA, POIKAMUKKU, ELAMBA-MUDAKKAL,
THIRUVANANTHAPURAM-695103.
R3 BY ADV. T.S.SUMSON
SR.PP.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crmc 4149/2020 2
V.G.ARUN, J.
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Crl.M.C.No.4149 of 2020
===========================
Dated this the 7th day of October, 2020
ORDER
Petitioners are the accused in Crime No.2088 of 2017 registered at the Attingal Police Station for offences punishable under Sections 447, 323, 325 and 34 of IPC now pending as C.C.No.1966 of 2017 on the file of JFCM-I, Attingal. The de facto complainant, at whose instance the crime was registered, is the 3rd respondent. Annexure A3 affidavit has been filed by the 3 rd respondent stating that the dispute is resolved and that she 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 the 3rd respondent, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and that no public interest is involved in this matter. Moreover, in view of the settlement, possibility of the criminal Crmc 4149/2020 3 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.C.No. 1966 of 2017 on the file of JFCM-I, Attingal is quashed.
Sd/-
V.G.ARUN JUDGE lgk Crmc 4149/2020 4 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO.2088/2017 OF ATTINGAL POLICE STATION DATED 9.9.2017.
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.2088/2017 OF ATTINGAL POLICE STATION DATED 20.10.2017 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATES COURT I, ATTINGAL.
ANNEXURE A3 NOTARIZED COPY OF THE AFFIDAVIT OF THE 3RD RESPONDENT DATED 7.9.2020.