MOIDU @ MOIDEENKUTTY v. STATE OF KERLA,
Court: High Court of Kerala
Bench: HONOURABLE MR.JUSTICE V.G.ARUN
Judgment date:
Case summary
High Court of Kerala judgment dated 2020-12-01. MOIDU @ MOIDEENKUTTY v. STATE OF KERLA,. 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 TUESDAY, THE 01ST DAY OF DECEMBER 2020 / 10TH AGRAHAYANA, 1942 Crl. MC. No. 5145 OF 2020(C) CRIME NO. 957/2020 OF Thaliparamba Police Station , Kannur PETITIONER: MOIDU @ MOIDEENKUTTY AGED 37 YEARS S/O KADEEJA, CHERIYANDILAKATH, HOUSE, KURUMATHUR P. O. MUYYAM, KANNUR DISTRICT. BY ADVS. SRI. ZUBAIR PULIKKOOL SHRI. SANTHOSH A. K RESPONDENT/S: 1 STATE OF KERLA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERAALA, ERNAKULAM-695 001. 2 ABOOBACKER CHERIYANDEERAKATH AGED 59 YEARS S/O M. K. MAMMU, JAWANS MAHAL, VATAKKANCHERY, KURUMATHUR, P. O. MUYYAM, KANNOOR DISTRICT-670 142. R2 BY ADV. K. SEENA SR. PP. C. S. HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01. 12. 2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crmc 5145/2020 2 V. G. ARUN, J. =========================== Crl. M. C. No.
5145 of 2020 =========================== st Dated this the 1 day of December, 2020 ORDER Petitioners are the accused in Crime No. 957 of 2020 registered at the Thaliparamba Police Station for offences punishable under Section 324 of IPC. The de facto complainant, nd at whose instance the crime was registered is the 2 respondent. nd Annexure 2 affidavit has been filed by the 2 respondent stating that the dispute has been settled and that 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 nd by 2 respondent, the 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 Crmc 5145/2020 3 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. In the result, this Crl. M. C is allowed. The proceedings in Crime No. 957 of 2020 registered at the Thaliparamba Police Station is quashed. sd/- V. G. ARUN JUDGE lgk Crmc 5145/2020 4 APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE 1 THE TRUE COPY OF THE FIR WITH F I STATEMENT IN CRIME NO 957/20 OF THALIPPARAMBA POLICE STATION ANNEXURE 2 SWORN AFFIDAVIT OF 2ND RESPONDENT
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