RAJEEB Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in Criminal M.C.No.2232/2020 are the accused in Crime No.198/2009 registered at the Shornur Police Station for offences punishable under Sections 143, 147, 148, 341, 323, 324 r/w 149 of IPC , now pending as C.C.No.26/2013 on the files of the Judicial First Class Magistrate Court, Ottapalam. The petitioner in Criminal M.C. No.2180/2020 is the accused in Crime No.197/2009 registered at the Shornur Police Station for offences punishable under Sections 143 , 147 , 148 , 341 , 323 , 324 , 506(i) r/w 149 of IPC , now pending as C.C.No.96/2015 on the files of the Judicial First Class Magistrate Court, Ottapalam. Both crimes are based on an incident which had taken place on 11.05.2009. The de facto complainants and the injured persons in both cases are arrayed as party respondents in the Criminal M.C.s. Affidavits have been filed by those respondents stating that the reason for the incident, which led to registration of the crimes, has been resolved amicably out of court and they have no subsisting grievance in the matter. It is submitted that some of the co-accused, in both cases, were acquitted for want of evidence.

(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 affidavits filed by the party respondents in both cases, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and no public interest is involved in this matter. Moreover, in view of the settlement and acquittance of the co-accused, 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.