Kerala High Court
Firoz Muhammed vs State Of Kerala on 17 February, 2021
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 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942
Crl.MC.No.664 OF 2021(C)
AGAINST THE JUDGMENT IN CC 808/2017 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -I,ATTINGAL
CRIME NO.601/2019 OF Attingal Police Station , Thiruvananthapuram
PETITIONERS:
1 FIROZ MUHAMMED
AGED 36 YEARS
S/O. MUHAMMED HASHIM, AMINA MANZIL, NEAR ALAMCODE
VHSS, ATTINGAL, THIRUVANANTHAPURAM-695 102
2 SAJEER,
AGED 30 YEARS
S/O. SALEEM, SAJEER MANZIL NEAR ALAMCODE VHSS,
ATTINGAL, THIRUVANANTHAPURAM-695 102
3 RAHUL,
AGED 31 YEARS
S/O. RAJENDRAN NAIR, ASWATHY BHAVAN, NEAR ALAMCODE
HS, ATTINGAL, THIRUVANANTHAPURAM-695 102
BY ADV. SRI.M.R.SARIN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM.
2 VINESH
AGED 30 YEARS
S/O. VISWAMBARAN, KUZHIVILA VEEDU, AYAMPALLI,
MAVARKKAL, ALAMCODE, ATTINGAL, THIRUVANANTHAPURAM-695
102
3 SUB INSPECTOR OF POLICE,
ATTINGAL POLICE STATION, THIRUVANANTHAPURAM P.O-695
101
R2 BY ADV. VIDYA G NAIR
Crmc 664/2021 2
PP T.R.RENJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crmc 664/2021 3
V.G.ARUN, J.
===========================
Crl.M.C.No.664 of 2021
===========================
Dated this the 17th day of February, 2021
ORDER
Petitioners are the accused in Crime No.601 of 2019 registered at the Attingal Police Station for offences punishable under Sections 341, 323, 324, 294(b), 506(i) and 34 of IPC, now pending as C.C.No.808 of 2017 on the files of Judicial First Class Magistrate-I, Attingal. The de facto complainant at whose instance the crime was registered is the 2 nd respondent. Annexure A3 affidavit has been filed by the 2nd respondent stating that the dispute has been settled 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 the 2nd 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 proceedings Crmc 664/2021 4 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.808 of 2017 on the files of Judicial First Class Magistrate- I, Attingal is quashed.
Sd/-
V.G.ARUN JUDGE lgk APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF FIR IN CRIME NO. 0601/2017 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM.
ANNEXURE A2 TRUE COPY OF FINAL REPORT IN C.C. 808/2017 PENDING BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT I, ATTINGAL.
ANNEXURE A3 TRUE COPY OF AFFIDAVIT SWORN BY 2ND RESPONDENT.