Shafeer, vs State of Kerala,

Type Court Judgment Court Kerala Decided Mar 06, 2025

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Citation: sooperkanoon.com/1277393
Court: Kerala High Court
Judge: Honourable Mr.Justice V.G.Arun
Decided On: Mar 06, 2025
Case Number: Crl.MC/972/2025
Subject: Service Tax

Case Summary

AI-generated summary - not the official court judgment text.

Service Tax

Key legal issue: Service Tax

Parties & Advocates

Appellant / Petitioner

Shafeer,

Respondent

State of Kerala,

Excerpt

.....323, 324 and 308 of the indian penal code, now pending as s.c.no.48 of 2021 on the files of the assistant sessions court, kozhikode.2. the crime was registered on the allegation that, on 26.01.2015 at 16:45 pm, the accused kicked and punched the de facto complainant and hit him using a no parking board, thereby causing injuries.3. learned counsel for the petitioner submittedthat the dispute, which led to the incident and registration of the crime, is amicably settled and annexure a2 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 offencesalleged 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 outby 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 a1 final report in crime no.61 of 2015 of kuttiyadi police station and all further proceedings in s.c.no.48 of 2021, on the files of the assistant sessions court, kozhikode, as against the petitioner, is quashed. sd/- v.g.arun judgenb/6-3 appendix of crl.mc 972/2025 petitioner annexures annexure a1 certified copy of the final report in crime no. 61 of 2015 dated 26.01.2015 of kuttiady police station annexure a2 true copy of the affidavit duly signed by the 2nd respondent.....

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 CRL.MC NO. 972 OF 2025 CRIME NO.61/2015 OF Kuttiyadi Police Station, Kozhikode AGAINST THE ORDER/JUDGMENT DATED IN SC NO.48 OF 2021 OF ASSISTANT
SESSIONS COURT/I ADDITIONAL SUB COURT, KOZHIKODE PETITIONER/S: SHAFEER, AGED 29 YEARS S/O ANTHRU, AMBAYAKKUNNUMMAL (H), PALERI PO, PAARAKKADAVU, KUTTIADY, KOZHIKODE DISTRICT, PIN - 673508 BY ADVS. K.REEHA KHADER SREELAKSHMI SABU RESPONDENT/S: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 SHYNESH, AGED 27 YEARS S/O NANU, PILIYATT HOUSE, KUTTIADY P.O, VALAYANNUR, KOZHIKODE, PIN - 673508 BY ADV O.T.JABISH 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 accused in Crime No.61 of 2015 registered at the Kuttiyadi Police Station for offences punishable under Sections 323, 324 and 308 of the Indian Penal Code, now pending as S.C.No.48 of 2021 on the files of the Assistant Sessions Court, Kozhikode.

2. The crime was registered on the allegation that, on 26.01.2015 at 16:45 pm, the accused kicked and punched the de facto complainant and hit him using a No Parking Board, 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 A2 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 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. In the result, this Crl.M.C is allowed. Annexure A1 Final Report in Crime No.61 of 2015 of Kuttiyadi Police Station and all further proceedings in S.C.No.48 of 2021, on the files of the Assistant Sessions Court, Kozhikode, as against the petitioner, is quashed. Sd/- V.G.ARUN JUDGE

NB/6-3 APPENDIX OF CRL.MC 972/2025 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 61 OF 2015 DATED 26.01.2015 OF KUTTIADY POLICE STATION Annexure A2 TRUE COPY OF THE AFFIDAVIT DULY SIGNED BY THE 2ND RESPONDENT DATED 25.01.2025 TRUE COPY P.A. TO JUDGE

Same Court & Year Kerala · 2025 Same Parties Shafeer, vs State of Kerala, Same Subject Service Tax Same Judge Honourable Mr.Justice V.G.Arun