Judgment · High Court

CC NO.3101 OF 2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS - III,THRISSUR PETITIONER/ACCUSED NO.7: NITHEESH C.B, AGED 34 YEARS S/O. C.B. BAGYAN, CHEVOORUVALAPPIL, CHERUVATHERY, CHEVOOR P.O., THRISSUR, PIN – 680027. BY ADVS. S.ANEESH P.PARVATHY RESPONDENT/STATE, COMPLAINANT & VICTIM: 1 2 3 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031. THE STATION HOUSE OFFICER, NEDUPUZHA POLICE STATION, THRISSUR, PIN – 680007. VINCENT, AGED 58 YEARS S/O JOSE, PALLIPADAN HOUSE, KALLURMANA ROAD DESAM, AVINISSERY VILLAGE, THRISSUR, PIN – 680306. BY ADV J.G.SYAMNATH CRL.MC NO. 10778 OF 2024 2 SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

28.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 10778 OF 2024 3 ORDER Petitioner is the 7th accused in Crime No.1604 of 2014 registered at the Nedupuzha Police Station, for offences punishable under Sections 143, 147, 342, 294(b), 506 and 149 of the Indian Penal Code, now pending as C.C No.3101 of 2017 on the files of the Judicial First Class Magistrate Court-III, Thrissur.

The crime is registered on the allegation that, at 12.30 hours on 5.12.2014, accused, due to prior animosity, wrongfully restrained the de facto complainant, threatened and verbally abused him.

Learned Counsel for the petitioner submits that the dispute, which led to the incident and registration of the crime, is settled and Annexure-A3 affidavit has been filed by the 3rd respondent vouching this fact.

Learned Counsel for the 3rd respondent also submitted that the dispute is settled and his client has no grievance against CRL.MC NO. 10778 OF 2024 4 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 3rd 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-A2 final CRL.MC NO. 10778 OF 2024 5 report and all further proceedings in C.C No.3101 of 2017 on the files of the Judicial First Class Magistrate Court-III, Thrissur, as against the petitioner, is quashed. Sru Sd/- V.G.ARUN JUDGE CRL.MC NO. 10778 OF 2024 6 APPENDIX OF CRL.MC 10778/2024 PETITIONER’S ANNEXURES Annexure-A1 Annexure-A2 CERTIFIED COPY OF THE FIR NO. 1604/2014 OF THE NEDUPUZHA POLICE STATION, THRISSUR DATED 06-12-2014 ALONG WITH FIS CERTIFIED COPY OF THE FINAL REPORT IN C.C. 3101/2017 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, THRISSUR Annexure-A3 ORIGINAL OF THE AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT DATED 12-12-2024