Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, THE 26TH DAY OF AUGUST 2020 / 4TH BHADRA, 1942 Crl.MC.No.958 OF 2020(H) CRIME NO.354/2019 OF Vadakkencherry Police Station , Palakkad PETITIONERS:
1 OMANA AGED 50 YEARS W/O. AYYAPPAN, MANJAPPRA, VADAKKENCHERRY, ALATHUR, 2 AJEESH, AGED 23 YEARS S/O. AYYAPPAN, MANJAPPRA, VADAKKENCHERRY, ALATHUR, 3 AJITH, AGED 15 YEARS S/O. AYYAPPAN, MANJAPPRA, VADAKKENCHERRY, ALATHUR, PALAKKAD. 4 ABHILASH, AGED 14 YEARS S/O. AYYAPPAN, MANJAPPRA, VADAKKENCHERRY, ALATHUR, (PETITIONERS 3 ND 4 ARE REPRESENTED BY 1ST PETITIONER THEIR MOTHER) BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENTS/DEFACTO COMPLAINANT AND STATE: 1 SIVAN AGED 56 YEARS S/O. MANIKKAN, PATHAYAPURA HOUSE, KANNAMKULAPPADAM, MANAPPADAM P.O, ALATHUR, PALAKKAD 678 541 2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031 Crl.MC.No.958 OF 2020(H) 2 * ADDL. R3 IS IMPLEADED 3 NAVAS SHEREEF, AGED 27 YEARS S/O. ISMAIL, MELEPURAM HOUSE CHIMBUKAD, KUTHANUR P.O. ALATHUR, PALAKKAD ADDL. R3 IS IMPLEADED AS PER ORDER DATED 26.08.2020 IN C.M.APPLN. NO. 1/2020 R1 BY ADV. UNNI SEBASTIAN KAPPEN OTHER PRESENT: PP SREEJA V. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.08.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No.958 OF 2020(H) 3
ORDER
Dated this the 26th day of August 2020 Petitioners are the accused in Crime No.354 of 2019 registered at the Vadakkencherry Police Station for offences punishable under Section 435 r/w 34 IPC. The de facto complainant and the other person, who had sustained loss by the petitioners setting fire to their vehicles, are arrayed as respondents 2 and 3. Annexures B and C affidavits have been filed by the said respondents, stating that the incident which led to the registration of the crime, is the dispute regarding payment of maintenance by the second respondent to the first petitioner, his estranged wife. It is stated that the dispute has since been settled and respondents 2 and 3 have no subsisting grievance against the petitioner.
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 respondents 2 and 3, the Crl.MC.No.958 OF 2020(H) 4
contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and that 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.
In the result, this Crl.M.C is allowed. Annexure A FIR and the proceedings in Crime No.354 of 2019 registered at the Vadakkenchery Police Station is quashed. Sd/- V.G.ARUN JUDGE Scl/26.08 Crl.MC.No.958 OF 2020(H) 5 APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A CERTIFIED COPY OF THE F.I.R IN CRIME NO. PALAKKAD DISTRICT ALONG WITH FI STATEMENT. ANNEXURE B AFFIDAVIT SWORN BY THE 1ST RESPONDENT HEREIN EVIDENCING THE FACTUM OF SETTLEMENT. ANNEXURE C AFFIDAVIT SWORN BY THE ADDL.3RD RESPONDENT EVIDENCING THE FACTUM OF SETTLEMENT.