Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946 CRL.MC NO. 374 OF 2024 CRIME NO.1141/2022 OF Alappuzha South Police Station, Alappuzha AGAINST THE ORDER/JUDGMENT DATED IN CC NO.487 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, ALAPPUZHA PETITIONER/S: SHIFAS AGED 31 YEARS S/O NAVAS,PUTHUVAL PURIADOM, CANAL WARD, ALAPPUZHA MUNICIPALITY, ALAPPUZHA, PRESENTLY RESIDING AT NIBAS BUILDING, LAJANATH WARD, ALAPPUZHA MUNICIPALITY, ALAPPUZHA, PIN - 688011 BY ADVS. R.UMASANKAR S.GULZAR RESPONDENT/S: 1 STATE OF KERALA S.H.O, ALAPPUZHA SOUTH POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031 2 SHEEJA AGED 51 YEARS W/O ASHRAF, RESIDING AT ISHA APARTMENT, THIRUVAMPADY P.O, VATTAYAL WARD, ALAPPUZHA, PIN - 3 ASHRAF AGED 62 YEARS S/O AHMED KUNJU, RESIDING AT ISHA APARTMENT, THIRUVAMPADY P.O, VATTAYAL WARD, ALAPPUZHA, PIN - 4 FATHIMA AGED 21 YEARS D/O ASHRAF, RESIDING AT ISHA APARTMENT, THIRUVAMPADY P.O, VATTAYAL WARD, ALAPPUZHA, PIN - OTHER PRESENT: SR.PP. RENJITH GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Dated this the 27th day of March, 2024 Petitioner is the accused in Crime No.1141 of 2022 registered at the Alappuzha South Police Station for offences punishable under Sections 326, 323, 341, 324, 354, 354B, 294(b) and 506 of IPC, now pending as CC No.487 of 2023 on the files of the Judicial First Class Magistrate Court-I, Alappuzha. The de facto complainant and other injured witnesses are arrayed as respondents 2 to
4. Annexures A3 to A5 affidavits have been filed
by respondents 2 to 4 stating that the dispute, which had compelled them to file the complaint, leading to registration of the crime, has been settled amicably and they have no subsisting grievance against the petitioner.
2. Heard the learned Public Prosecutor also, who, on instructions, submits that no antecedents are reported against the petitioner.
3. Having considered the gravity of the
offences alleged, nature of the injury caused and having perused the affidavits, the contents of which are vouched to be true and voluntary by the Counsel for respondents 2 to 4, I am satisfied that no public interest is involved in this matter and the dispute has been settled amicably. In view of the settlement arrived at between the parties, 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 and all further proceedings in CC No.487 of 2023 on the files of the Judicial First Class Magistrate Court-I, Alappuzha, are quashed. Sd/- V.G.ARUN JUDGE Scl/ APPENDIX OF CRL.MC 374/2024 PETITIONER ANNEXURES Annexure A1 COPY OF THE F.I.R IN CRIME NO.1141/2022 OF ALAPPUZHA SOUTH POLICE STATION DATED 16.12.2022 Annexure A2 COPY OF THE FINAL REPORT IN CRIME NO.1141/2022 OF ALAPPUZHA SOUTH POLICE STATION DATED 16.03.2023
Annexure A3 AFFIDAVIT FILED BY THE 2ND RESPONDENT Annexure A4 AFFIDAVIT FILED BY THE 3RD RESPONDENT Annexure A5 AFFIDAVIT FILED BY THE 4TH RESPONDENT