Judgment · High Court
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 143, 147, 149, 294(b), 323, 324
Key paragraphs
- Para 66. Having considered the gravity of the offences alleged and having perused the affidavit, the contents of which are vouched to be true and voluntary by the Counsel for the 2nd respondent, I am satisfied that no public interest is involved in this matter and…
Judgment
CC NO.270 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PATHANAMTHITTA PETITIONER/ACCUSED NO.5: CHRISTO M THOMAS, AGED 22 YEARS S/O.LIJU THOMAS, THEKKEVEETTIL KARINKUTTICKAL, KUMPLAMPOIKA.P.O, VADASSERIKKARA, PATHANAMTHITTA DISTRICT, PIN – 689661. BY ADV K.SEENA RESPONDENT/STATE, DE FACTO COMPLAINANT AND INJURED: 1 2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031. ABHIJITH SOMAN, AGED 28 YEARS S/O.SOMAN PILLAI, SOMAVILASAM VILLA, NALKKALI PADI,PATHANAMTHITTA DISTRICT, PIN – 689643. BY ADV P.S.BINU SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 2080 OF 2025 2 ORDER Petitioner is accused No.5 in Crime No.43 of 2022 registered at the Aranmula Police Station for offences punishable under Sections 143, 147, 294(b), 323, 324 and 149 of the Indian Penal Code, now pending as C.C No.270 of 2022 on the files of the Judicial First Class Magistrate Court-I, Pathanamthitta.
The crime is registered on the allegation that, at about
14.30 hours on 13.01.2022, due to political rivalry, accused attacked the de facto complainant with sticks and caused injuries to him.
Learned Counsel for the petitioner submits that the dispute, which led to the incident and registration of the crime, is settled and Annexure 3 affidavit has been filed by the 2nd respondent vouching this fact.
Learned Counsel for the 2nd respondent also submitted that the dispute is settled and his client has no grievance against CRL.MC NO. 2080 OF 2025 3 the petitioner.
I heard the learned Public Prosecutor also.
Having considered the gravity of the offences alleged and having perused the affidavit, the contents of which are vouched to be true and voluntary by the Counsel for the 2nd respondent, I am satisfied that no public interest is involved in this matter and the dispute has been settled amicably. In view of the settlement arrived at between the parties, there is no possibility of the criminal proceedings ending in conviction. 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. In the result, this Crl.M.C is allowed. Annexure 2 final CRL.MC NO. 2080 OF 2025 4 report and all further proceedings in C.C No.270 of 2022 on the files of the Judicial First Class Magistrate Court-I, Pathanamthitta as against the petitioner, is quashed. Sru Sd/- V.G.ARUN JUDGE CRL.MC NO. 2080 OF 2025 5 APPENDIX OF CRL.MC 2080/2025 PETITIONER’S ANNEXURES Annexure 1 Annexure 2 THE CERTIFIED COPY OF THE FIR REGISTERED AS CRIME NO.43 OF 2022 REGISTERED BY THE ARANMULA POLICE DATED 13.01.2022 THE CERTIFIED COPY OF THE FINAL REPORT FILED IN CRIME NO. 43/2022 DATED 25.03.2022, BEFORE THE HON’BLE JUDICIAL FIRST CLASS MAGISTRATE COURT (I) OF PATHANAMTHITTA Annexure 3 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 16.02.2025
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.