Kerala High Court
Anoop P.T vs State Of Kerala on 11 March, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:22212
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 11TH DAY OF MARCH 2025 / 20TH PHALGUNA, 1946
CRL.MC NO. 1482 OF 2025
CRIME NO.465/2024 OF MARARIKULAM POLICE STATION, ALAPPUZHA
PETITIONERS/ACCUSED:
1 ANOOP P.T,
AGED 37 YEARS
THOMAS, KUNNINAKAM, KALAVOOR, MANNACHERY, ALAPPUZHA, PIN - 688522
2 MANOJ M,
AGED 46 YEARS
S/O MOHANAN C.V, SREEKRISHNA SADANAM, CHARAMANGALAM, S.N PURAM P.O,
MARARIKKULAM NORTH, PO KANICHUKULANGARA ED, ALAPPUZHA, KERALA, PIN
- 688582
3 SAJU S,
AGED 37 YEARS
S/O SOMAN, VARAKADI VELIYIL, KALAVOOR, PERUMTHURUTHU, VALAVANADU
NEDIYANI, MANNANCHERRY, KALAVOOR, ALLAPPUZHA, PIN - 688522
BY ADV K.N.MUHAMMED THANVEER
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN -
682031
2 ABHISHEK P.V,
AGED 23 YEARS
S/O P.V DIVAKARAN, PALANGAT HOUSE, ARIYIL P.O, PATTUVAM VIA,
TALIPARAMBU, KANNUR., PIN - 670143
BY ADVS.
PUSHPALATHA. M.K, SR. PUBLIC PROSECUTOR
DANIC ANTONY
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.03.2025, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.1482 of 2025
2025:KER:22212
2
ORDER
Dated this the 11th day of March, 2025 Petitioners are the accused in Crime No.465 of 2024 registered at the Mararikulam Police Station for offences punishable under Sections 341, 294(b), 506, 427, 387 and 34 of the Indian Penal Code and Sections 25(1B)(a) and 27 of the Arms Act, 1959.
2. The crime was registered on the allegation that, on 11.05.2024, at 12:53 am, due to previous enmity, accused waylaid the car in which the defacto complainant and friends were travelling and threatened to kill him by pointing a pistol at him. It is also alleged that the accused verbally abused the defacto complainant and damaged his car, thereby causing loss of Rs.3.5 lakhs.
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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 A3 affidavit is filed by the 2 nd 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 petitioners.
5. Learned Public Prosecutor submitted that the defacto complainant is not in station, but he contacted the investigating officer over phone and stated that the dispute is settled amicably. The defacto complainant had stated that he is presently not able to give a signed statement, as he is outside the state in connection with his employment. Crl.M.C. No.1482 of 2025
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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 2nd 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.
Crl.M.C. No.1482 of 2025
2025:KER:22212 5 In the result, this Crl.M.C is allowed. Annexure A1 First Information Report and all further proceedings in Crime No.465 of 2024 of Mararikulam Police Station, as against the petitioners, is quashed.
Sd/-
V.G.ARUN JUDGE NB/11-3 Crl.M.C. No.1482 of 2025 2025:KER:22212 6 APPENDIX OF CRL.MC 1482/2025 PETITIONER ANNEXURES ANNEXURE A1 THE CERTIFIED COPY OF FIR DATED 11.05.2024 IN CRIME NO. 0465 OF 2024 OF MARARIKULAM POLICE STATION ANNEXURE A2 THE CERTIFIED COPY OF THE SEIZURE MAHAZAR DATED 31.05.2024 ANNEXURE A3 THE AFFIDAVIT DTD. 03.12.2024 SWORN BY THE 2ND RESPONDENT TRUE COPY P.A. TO JUDGE