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, CRL.MC NO. 2995 OF 2023 CRIME NO.164/2016 OF Tanur Police Station, Malappuram PETITIONER/5TH ACCUSED: ABDURAHMAN AGED 56 YEARS KUNJAYINTE PURAKKEL, KORMANKADAPPURAM, TANUR, MALAPPURAM., PIN - 676302 BY ADV SAYED MANSOOR BAFAKHY THANGAL RESPONDENT/STATE, DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE SUB INSPECTOR OF POLICE 3 JUBAIRIA AGED 45 YEARS SEETHEENTEPURAKKAL HOUSE, CHEERANKADAPPURAM, 4 MAJEED AGED 50 YEARS S/O.KASIM, SEETHEENTEPURAKKAL HOUSE, CHEERANKADAPPURAM, TANUR, MALAPPURAM., PIN - BY ADV CHRISTEENA P GEORGE PP VIPIN NARAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ..2.. V.G.ARUN, J ========================= Crl.M.C.No.2995 of 2023 ========================== Dated this the 27th day of March, 2024
ORDER
Petitioner is the 5th accused in Crime No.164/2016 registered at the Tanur Police Station for offences punishable under Sections 143, 147, 148, 341, 452, 323, 324, 354, 308 and 149 of IPC, now pending as S.C.No.263 of 2017 on the files of the Additional District and Sessions Court - I, Manjeri. The de facto complainant and the injured witness are arrayed as respondents 3 and 4. Affidavits have been filed by respondents 3 and 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. The learned Public Prosecutor, on instructions, submits that the petitioner has no criminal antecedents.
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 learned Counsel for respondents 3 and 4. I am satisfied that no public interest is involved in this matter and the dispute has ..3.. been settled amicably. Moreover, 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 sought.
4. I also take note of the order passed in
Crl.M.C.No.3953/2022 by which the Final Report in the same crime and proceedings in SC No.263/2017 on the files of the Additional District and Sessions Court, as against accused Nos.1 to 4, has been quashed in view of the settlement. In the result, this Crl.M.C is allowed. Annexure 1 Final Report and all proceedings in Crime No.164/2016 of Tanur Police Station and SC No.263 of 2017 on the files of the Additional District and Sessions Court - I, Manjeri, as against the petitioner, are quashed. Sd/- V.G.ARUN, JUDGE ACR ..4.. APPENDIX OF CRL.MC 2995/2023 PETITIONER ANNEXURES Annexure 1 THE TRUE CERTIFIED COPY OF THE FINAL
REPORT IN S.C NO.263 OF 2017 ON THE FILES OF ADDITIONAL DISTRICT AND SESSIONS COURT-I, MANJERI, ARISING OUT OF CRIME NO.164 OF 2016 OF TANUR POLICE STATION, MALAPPURAM DISTRICT Annexure 2 THE TRUE COPY OF AFFIDAVIT DATED 29- 09-2022 SWORN BY THE 3RD RESPONDENT Annexure3 THE TRUE COPY OF THE AFFIDAVIT DATED 29-09-2022 SWORN BY THE 4TH RESPONDENT