VIJEESH v. STATE OF KERALA
Court: High Court of Kerala
Bench: HONOURABLE MR.JUSTICE V.G.ARUN
Judgment date:
Case summary
High Court of Kerala judgment dated 2020-12-11. VIJEESH v. STATE OF KERALA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE V. G. ARUN FRIDAY, THE 11TH DAY OF DECEMBER 2020 / 20TH AGRAHAYANA, 1942 Crl. MC. No. 5236 OF 2020(D) CRIME NO. 337/2020 OF Nilambur Police Station , Malappuram PETITIONERS: 1 VIJEESH AGED 31 YEARS S/O. VELAYUDHAN, KARIPARAMBAN HOUSE, PATTARAKKA, MUKKATTA P. O. , NILAMBUR, MALAPPURAM DISTRICT-679330. 2 SUNESH, AGED 31 YEARS S/O. NARAYANAN, ANAPPAN HOUSE, PATTARAKKA, MUKKATTA P. O. , NILAMBUR, MALAPPURAM DISTRICT-679330. BY ADVS. SHRI. SUNIL KUMAR A. G SRI. GEORGE MATHEW SHRI. PRAVEEN S. SHRI. MATHEW K. T. SHRI. GEORGE K. V. RESPONDENTS: 1 STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2 THE STATION HOUSE OFFICER, NILAMBUR POLICE STATION, MALAPPURAM DISTRICT-679329, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. Crl. MC. No. 5236 OF 2020(D) 3 SAVITHA, AGED 35 YEARS W/O. PRADEEP, VALIYATHODY HOUSE, PATTARAKKA, RAMANKUTH P. O.
, NILAMBUR TALUK, MALAPPURAM DISTRICT-679330. R3 BY ADV. SRI. VINOD KUMAR. C SR. PP. B. JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11. 12. 2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl. MC. No. 5236 OF 2020(D) ORDER Dated this the 11th day of December 2020 Petitioners are the accused in Crime No. 337 of 2020 registered at the Nilambur Polce Station for offences punishable under Sections 447, 506, 509 read with Section 34 of IPC. The de facto complainant, at whose instance the crime was registered is rd arrayed as the 3 respondent. Annexure A-2 affidavit has been rd filed by 3 respondent stating that the dispute, which led to registration of the crime, has been settled amicably and that he has no subsisting grievance in the matter. 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 rd the 3 respondent, the contents of which are submitted to be true Crl. MC. No. 5236 OF 2020(D) 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. The proceedings Annexure A1-FIR along with statement dated 22. 06. 2020 in Crime No. 337 of 2020 of Nilambur Police Station is quashed. Sd/- V. G. ARUN JUDGE AJ/11. 12.
2020 Crl. MC. No. 5236 OF 2020(D) APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A1 TRUE COPY OF THE FIRST INFORMATION REPORT(FIR) ALONG WITH STATEMENT DATED 22. 06. 2020 IN CR. NO. 337 OF 2020 OF NILAMBUR POLICE STATION OF MALAPPURAM DISTRICT. ANNEXURE A2 NOTARIZED AFFIDAVIT DATED 22. 09. 2020 OF 3RD RESPONDENT. ANNEXURE A3 TRUE COPY OF AGREEMENT DATED 17. 09. 2020 ENTERED INTO BETWEEN 2ND PETITIONER AND 3RD RESPONDENT'S HUSBAND.
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.