Yaswanth vs State of Kerala

Type Court Judgment Court Kerala Decided Oct 30, 2020

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Citation: sooperkanoon.com/1743014
Court: Kerala High Court
Judge: Honourable Mr.Justice V.G.Arun
Decided On: Oct 30, 2020
Case Number: Crl.MC/1273/2020

Parties & Advocates

Appellant / Petitioner

Yaswanth

Respondent

State of Kerala

Excerpt

.....registered at the vadakkekara police station for offences punishable under sections 143, 147, 447 and 506(i) r/w 149 of ipc, now pending as c.c.no.756/2019 on the file of the judicial first class magistrate court-iii, north paravur. the de facto complainant, at whose instance the crime was registered, is arrayed as the 2 nd respondent. annexure-b affidavit has been filed by 2nd respondent stating that the dispute, which was the reason for the incident and registration of the crime, has been resolved amicably and they have no subsisting grievance against the petitioners.crl.mc.no.1273 of 2020(h) ..4..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 offencesalleged, nature of the injury caused and having perused the affidavit filed by the 2 nd 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. 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 iscrl.mc.no.1273 of 2020(h) ..5.. no impediment in granting the relief sought. in the result, this crl.m.c is allowed. the proceedings in c.c.no.756/2019 on the file of the judicial first class magistrate court-iii, north paravur is quashed. sd/- v.g.arun sb30/10 /2020 judge crl.mc.no.1273 of 2020(h) ..6.. appendix petitioner's/s exhibits: annexure a certified copy of final report/charge sheet in crime no.1042 of 2018 of vadakkekara police station. annexure b affidavit dated 30.09.2019 sworn by the 2nd respondent. //true copy// p.a to.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 30TH DAY OF OCTOBER 2020 / 8TH KARTHIKA, 1942 Crl.MC.No.1273 OF 2020(H) AGAINST THE JUDGMENT IN CC 756/2019 OF JUDL. FIRST CLASS MAGISTRATE COURT-III, NORTH PARAVUR CRIME NO.1042/2018 OF Vadakkekara Police Station , Ernakulam PETITIONER/ACCUSED:
1 YASWANTH AGED 20 YEARS S/O.SOLOMAN, KATTIPARAMBIL HOUSE, KOTTUVALLIKADU KARA, MOOTHAKUNNAM VILLAGE,. 2 BIBIN, AGED 23 YEARS S/O.BALAN, PLAKKAL HOUSE, KUNJITHAI KARA, VADAKKEKARA VILLAGE. 3 KARTHIK, AGED 22 YEARS S/O.RAJESH, PATHIYAPARAMBIL HOUSE, KUNJITHAI KARA, VADAKKEKARA VILLAGE. 4 SHYAM KUMAR, AGED 22 YEARS S/O.SANTHOSH, MADAKKAPARAMBIL HOUSE, KUNJITHAI KARA, VADAKKEKARA VILLAGE. 5 SREECHANDH, AGED 21 YEARS S/O.GOPALAKRISHNAN, PALAPARAMBIL HOUSE, KUNJITHAI KARA, VADAKKEKARA VILLAGE. BY ADV. SRI.M.VIVEK
RESPONDENT/STATE AND DE FACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2 SREEKRISHNAKANTH AGED 19 YEARS S/O.SALI, KUMBALATH HOUSE, KOTTUVALLIKADU KARA,

Crl.MC.No.1273 OF 2020(H) ..2.. MOOTHAKUNNAM VILLAGE, PIN-683 516. R2 BY ADV. M.R.MADHU OTHER PRESENT: SR.PP.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No.1273 OF 2020(H) ..3..

ORDER

Dated this the 30th day of October 2020

Petitioners are the accused in Crime No.1042/2018 registered at the Vadakkekara Police Station for offences punishable under Sections 143, 147, 447 and 506(i) r/w 149 of IPC, now pending as C.C.No.756/2019 on the file of the Judicial First Class Magistrate Court-III, North Paravur. The de facto complainant, at whose instance the crime was registered, is arrayed as the 2 nd respondent. Annexure-B affidavit has been filed by 2nd respondent stating that the dispute, which was the reason for the incident and registration of the crime, has been resolved amicably and they have no subsisting grievance against the petitioners.

Crl.MC.No.1273 OF 2020(H) ..4..

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 2 nd 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. 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

Crl.MC.No.1273 OF 2020(H) ..5.. no impediment in granting the relief sought. In the result, this Crl.M.C is allowed. The proceedings in C.C.No.756/2019 on the file of the Judicial First Class Magistrate Court-III, North Paravur is quashed. Sd/- V.G.ARUN SB30/10 /2020 JUDGE Crl.MC.No.1273 OF 2020(H) ..6.. APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A CERTIFIED COPY OF FINAL REPORT/CHARGE SHEET IN CRIME NO.1042 OF 2018 OF VADAKKEKARA POLICE STATION. ANNEXURE B AFFIDAVIT DATED 30.09.2019 SWORN BY THE 2ND RESPONDENT. //true copy// P.A to Judge

Same Court & Year Kerala · 2020 Same Parties Yaswanth vs State of Kerala Same Judge Honourable Mr.Justice V.G.Arun