Kerala High Court
Crl.MC/1759/2025 of DILEEP KUMAR, Vs STATE OF KERALA, on 7 April 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 CRL.MC NO. 1759 OF 2025 CRIME NO.97/2022 OF Pooyapally Police Station, Kollam CC NO.145 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947
CRL.MC NO. 1759 OF 2025
CRIME NO.97/2022 OF Pooyapally Police Station, Kollam CC NO.145 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS - II,KOTTARAKKARA
PETITIONER/ACCUSED:
DILEEP KUMAR,
AGED 38 YEARS
S/O GOPINATH PILLAI,DEEPA SADHANAM, NELLIPARAMBU , MYLAKKADU, KOLLAM, PIN – 691537.
BY ADV SHYAM KUMAR M.P
RESPONDENT/COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031.
AJAYAN VISWABHARAN,
AGED 40 YEARS
S/O VISWABHARAN,DAS BHAVAN, MAVELIMUKKU, ELAMADU P.O, KOLLAM, PIN – 691533.
BY ADV DILJI RAM V.R.
SRI. RENJITH GEORGE, SR.PP.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
2
Decisions referred to
In this index
1
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
Petitioner is the accused in Crime No.97 of 2022 registered at the Pooyappally Police Station for offences punishable under Sections 294(b), 451, 427 and 506 of the Indian Penal Code, now pending as C.C No.145 of 2022 on the files of the Judicial First Class Magistrate Court-II, Kottarakkara.
2. The crime is registered on the allegation that, at about 15.30 hours on 16.01.2022, the accused, due to prior animosity, trespassed into the house of the de facto complainant, verbally abused and threatened him and also caused loss of Rs.50,000/- by destroying the window panes of the house using a rod.
3. Learned Counsel for the petitioner submits that the dispute, which led to the incident and registration of the crime, is settled and Annexure A2 affidavit has been filed by the 2nd respondent vouching this fact.
4. Learned Counsel for the 2nd respondent also submitted that the dispute is settled and his client has no grievance against the petitioner.
5. I heard the learned Public Prosecutor also.
6. 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 A1 final
report and all further proceedings in C.C No.145 of 2022 on the files of the Judicial First Class Magistrate Court-II, Kottarakkara, as against the petitioner, is quashed. Sd/- V.G.ARUN JUDGE Sru
APPENDIX OF CRL.MC 1759/2025 PETITIONERS ANNEXURES Annexure A1 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO. 97 OF 2022 OF POOYAPPALLY POLICE STATION, KOLLAM Annexure A2 THE TRUE COPY OF THE AFFIDAVIT DATED 10.01.2025 SUBMITTED BY THE 2ND RESPONDENT.