Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 25TH DAY OF AUGUST 2020 / 3RD BHADRA, 1942 Crl.MC.No.2268 OF 2020(C) AGAINST THE ORDER/JUDGMENT IN CC 1611/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, TIRUR CRIME NO.1283/2015 OF Tirur Police Station , Malappuram PETITIONER/1ST ACCUSED: ABOOBACKER @ BAVA AGED 69 YEARS S/O.MOHAMMEDKUTTY, MATHOOR HOUSE, KAVANCHERY, MANGALAM.P.O, TIRUR TALUK, MALAPPURAM -676561 BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT/STATE, DE FACTO COMPLAIANANT AND CW2:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031(C.C.NO.1611/2015 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT, TIRUR IN CRIME NO.932/2015 OF TIRUR POLICE STATION 2 MOHAMMED @ MON HAJI AGED 60 YEARS S/O.MOIDEENKUTTY, MATHOOR HOUSE, CHAMARAVATTAM.P.O, TIRUR TALUK, MALAPPURAM-676102 3 ISHAQ AGED 46 YEARS S/O.MOIDEENKUTTY, MATHOOR HOUSE, CHAMRAVATTAM.P.O, TIRUR TALUK, MALAPPURAM-676102 R2-3 BY ADV. K.P.SHEREEF
OTHER PRESENT: PP SREEJA V. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.08.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No.2268 OF 2020(C) ..2..
ORDER
Dated this the 25th day of August 2020 Petitioner is the 1st accused in Crime No.1283/2015 registered at the Tirur Police Station for offences punishable under Sections 447, 427, 294(b) r/w 34 of IPC, now pending as C.C.No.1611/2015 on the files of the Judicial First Class Magistrate Court, Tirur. The de facto complainant and the other person injured in the accident are arrayed as respondents 2 and 3. Annexures-A2 and A3 affidavits have been filed by the said respondents stating that the reason for the incident, which led to registration of the crime has been resolved amicably and they have no subsisting grievance in the matter.
Crl.MC.No.2268 OF 2020(C) ..3..
2. Heard the learned Public Prosecutor also,
who, on instructions, submits that the petitioner has no criminal antecedents. It is pointed out that based on the same incident, Crime No.932/2015 was registered at the Tirur Police Station against respondents 2 and 3, pursuant to a complaint submitted by the petitioner herein and that Criminal M.C. 2262/2020 is filed by respondents 2 and 3 seeking to quash that criminal proceedings on the strength of the settlement.
3. Even though, this Criminal M.C. is filed by
only one among the two accused, the entire dispute having been settled and the case, in which the accused and the de facto complainant and injured in both cases figure as parties and both crimes are sought to be quashed, the Criminal M.C. is entertained. Crl.MC.No.2268 OF 2020(C) ..4..
4. Having considered the gravity of the offences
alleged, nature of the injury caused and having perused the affidavit filed by the respondents 2 and 3, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and no public interest is involved in this matter. Moreover, in view of the settlement, possibility of the criminal proceedings 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.
Crl.MC.No.2268 OF 2020(C) ..5.. In the result, this Crl.M.C is allowed. The proceedings in C.C.No.1076/2015 on the files of the Judicial First Class Magistrate Court, Tirur is quashed. Sd/- V.G.ARUN SB/25/08/2020 JUDGE Crl.MC.No.2268 OF 2020(C) ..6.. APPENDIX PETITIONERS EXTS. ANNEXURE A1 CERTIFIED COPY OF FIR IN CRIME NO.1283/2015 OF TIRUR POLICE STATION DTD. 19.08.2015 ANNEXURE A2 ORIGINAL OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 3.3.2020 ANNEXURE A3 ORIGINAL AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 3.3.2020 // true copy // P.A TO Judge