Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 6TH DAY OF MARCH 2025 / 15TH PHALGUNA, 1946 CRIME NO.1246/2023 OF UDAYAMPEROOR POLICE STATION, ERNAKULAM AGAINST THE ORDER/JUDGMENT IN CC NO.496 OF 2023 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, TRIPUNITHURA PETITIONER: MAHESH KUMAR, AGED 25 YEARS S/O SURESH KUMAR, KADALAYIKULANGARA HOUSE, MARITHAZHAM P.O., KANJIRAMATTAM, AMBALLUR ERNAKULAM, PIN - 682315 BY ADVS. K.R.PRATHISH P.K.SREEVALSAKRISHNAN RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 VISHNU P V, AGED 37 YEARS S/O P P VENUGOPALAN,KRISHNA HOUSE, AMBALLUR P.O.,AMBALLUR, ERNAKULAM, PIN - 682315 BY ADVS JACOB E SIMON SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Dated this the 06th day of March, 2025 Petitioner is the sole accused in Crime No.1246 of 2023 registered at the Udayemperoor Police Station for offences punishable under Sections 341, 294(b), 324, 326, and 506 of the Indian Penal Code, now pending as C.C.No.496 of 2023 on the files of the Judicial First Class Magistrate Court, Thripunithura.
2. The crime was registered on the allegation that, on
30.08.2023, at about 05:30 PM, the accused, due to prior animosity, threatened, restrained, verbally abused, and assaulted the de facto complainant, thereby causing injuries
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 A3 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 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 A2 final report in Crime No.1246 of 2023 of Udayemperoor Police Station and all further proceedings in C.C.No.496 of 2023 on the files of the Judicial First Class Magistrate Court, Thripunithura, as against the petitioner, is quashed. Sd/- V.G.ARUN, JUDGE SPV APPENDIX OF CRL.MC 886/2025 PETITIONER’S ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO. 1246 OF 2023 OF UDAYAMPEROOR POLICE STATION, ERNAKULAM, DATED 31.08.2023 ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CC NO. 496 OF 2023 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, THRIPPUNITHURA IN CRIME NO. 1246 OF 2023 OF UDAYAMPEROOR POLICE STATION ANNEXURE A3 ORIGINAL AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 17.01.2025 RESPONDENT’S ANNEXURES: NIL //TRUE COPY// PA TO JUDGE