Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, THE 31ST DAY OF MARCH 2021 / 10TH CHAITHRA, 1943 Crl.MC.No.1384 OF 2020(C) AGAINST THE ORDER/JUDGMENT IN CC 420/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KASARAGOD CRIME NO.39/2015 OF BADIADUKKA POLICE STATION, KASARGOD PETITIONERS/ACCUSED 1 TO 3:
1 PAUL MONTEIRO AGED 62 YEARS S/O.DAVID MONTEIRO, RESIDING AT BALLAPADAVU HOUSE, KUMBDAJE VILLAGE, KASARAGOD DISTRICT. 2 SISILIA CRASTA, AGED 52 YEARS W/O.PAUL MONTEIRO, AT BALLAPADAVU HOUSE, KUMBDAJE VILLAGE, KASARAGOD DISTRICT. 3 PREM SANTHOSH, AGED 23 YEARS S/O.PAUL MONTEIRO, AT BALLAPADAVU HOUSE, KUMBDAJE VILLAGE, KASARAGOD DISTRICT. BY ADVS. SRI.K.V.SASIDHARAN SMT.SAIRA SOURAJ P.
RESPONDENTS/STATE/DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, COCHIN-682031. 2 BENJAMIN D'SOUZA AGED 66 YEARS S/O.BOSTHU D'SOUZA, RESIDING AT MAVINAKATTE HOUSE, KUMBDAJE VILLAGE, KASARAGOD DISTRICT. R2 BY ADV. I.V.PRAMOD OTHER PRESENT: PP T.R.RENJITH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Dated this the 31st day of March 2021
Petitioners are accused Nos. 1 to 3 in Crime No.39/2015 of the Badiadka Police Station, Kasargod, registered for offences punishable under Sections 341, 323 & 326 read with Section 34 of I.P.C., now pending as C.C.No.420/2017 on the files of Judicial First Class Magistrate Court-II, Kasargod. The de facto complainant, at whose instance the crime was registered and arrayed as the second respondent herein, has filed Annexure-A2 affidavit, stating that the dispute, which was the reason for the incident and registration of the crime, has been resolved amicably and he has no subsisting grievance against the petitioners.
2. Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioners have no criminal antecedents.
3. Having considered the gravity of the offences
alleged, nature of the injury caused and having perused the affidavit filed by the second respondent, 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. Even though the offence under Section 326 of I.P.C. is alleged, the possibility of the fracture having occurred when the second respondent fell down and the parties being close relatives, is takin into consideration. 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. In the result, this Crl.M.C is allowed.
Further proceedings in C.C.No.420/2017 on the files of Judicial First Class Magistrate Court-II, Kasargod, arising out of Crime No.39/2015 of Badiadka Police Station is quashed. Sd/- V.G.ARUN JUDGE NB/31.03.2021 APPENDIX PETITIONER'S EXHIBITS: ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.420/2017 OF JFCM-II, KASARAGOD IN CRIME NO.39/2015 OF BADIADKA POLICE STATION. ANNEXURE A2 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 9.12.2019. RESPONDENT'S EXHIBITS: NIL TRUE COPY P.A. TO JUDGE