Nithin. P.v, Vs State of Kerala

¶1

2025:KER:19868

¶2

CRL.MC NO. 440 OF 2025

¶3

¶4

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶5

PRESENT

¶6

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶7

MONDAY, THE 10TH DAY OF MARCH 2025 / 19TH PHALGUNA, 1946

¶8

CRL.MC NO. 440 OF 2025

¶9

CRIME NO.133/2024 OF AMBALATHARA POLICE STATION, KASARGOD

¶10

AGAINST THE ORDER/JUDGMENT IN CC NO.1035 OF 2024 OF

¶11

JUDICIAL MAGISTRATE OF FIRST CLASS -I,HOSDRUG

¶12

PETITIONERS:

¶13

1NITHIN. P.V,
AGED 36 YEARS
S/O. THAMBAN.P.V, PERATTOOR HOUSE,
ERALAL, THAYANNOOR VILLAGE,
KASARAGOD DISTRICT, PIN - 671531

¶14

2SANOOP P.V,
AGED 28 YEARS
S/O. CHANDRAN.P. NELLIYADUKKAM HOUSE,
KATTIPPOYIL, KINANOOR VILLAGE,
KASARAGOD DISTRICT, PIN - 671533

¶15

BY ADVS.
HEMALATHA
BINU GEORGE
AVANI P.S.

¶16

RESPONDENTS :

¶17

1STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031

¶18

2 UNNIKRISHANAN.V, AGED 42 YEARS

¶19

2025:KER:19868

¶20

CRL.MC NO. 440 OF 2025

¶21

¶22

S/O. CHANDUNHI.P, PANAKKOOL HOUSE, NELLIYADUKKAM, KINANOOR VILLAGE, KASARAGOD DISTRICT, PIN - 671533

¶23

BY ADVS
KRISHNA KUMAR G.S.

¶24

SMT. PUSHPALATHA. M.K, SR.PP.

¶25

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶26

CRL.MC NO. 440 OF 2025

¶27

¶28

2025:KER:19868

¶29

ORDER

¶30

Dated this the 10^th day of March, 2025

¶31

The petitioners are accused Nos.1 and 2 in Crime No.133 of 2024 registered at the Ambalathara Police Station for offences punishable under Sections 341, 323, 324, 506 and 34 of the Indian Penal Code, now pending as C.C.No.1035 of 2024 on the files of the Judicial First Class Magistrate Court-I, Hosdurg.

¶32

The crime was registered on the allegation that, on 07.04.2024, at 01:00 hours, in Mundyannam, accused wrongfully restrained the de facto complainant and pushed him down. It is further alleged that the accused assaulted the de facto complainant with their hands and a stone and threatened him.

¶33

Learned Counsel for the petitioners submitted that the dispute, which led to the incident and registration of the crime, is amicably settled and Annexure A6 affidavit has been filed by the 2^nd respondent vouching this fact.

¶34

Learned Counsel for the 2^nd respondent also submitted that the dispute is settled and his client has no grievance against the petitioners.

¶35

I heard the learned Public Prosecutor also.

¶36

2025:KER:19868

¶37

CRL.MC NO. 440 OF 2025

¶38

4 6. Having considered the gravity of the offences

¶39

alleged and having perused the affidavit, the contents of which are vouched to be true and voluntary by the Counsel for the 2^nd 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, 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.

¶40

In the result, this Crl.M.C is allowed. Annexure A2 final report in Crime No.133 of 2024 of Ambalathara Police Station and all further proceedings in C.C.No.1035 of 2024 on the files of the Judicial First Class Magistrate Court-I, Hosdurg, as against the petitioners, is quashed.

Sd/-

V.G.ARUN, JUDGE

SPV

2025:KER:19868

¶45

CRL.MC NO. 440 OF 2025

¶46

¶47

APPENDIX OF CRL.MC 440/2025

¶48

`PETITIONERS’ ANN`	`EXURES`
`ANNEXURE1`	`A TRUE` `NO.133/` `STATION`	`COPY OF THE FIR IN CRIME` `2024 OF AMBALATHARA POLICE`
`ANNEXURE A2`	`A TRUE` `CRIME` `POLICE`	`COPY OF THE FINAL REPORT IN` `NO.133/2024 OF AMBALATHARA` `STATION`
`ANNEXURE A3`	`A TRUE` `CRIME N` `STATION`	`COPY OF MEMO OF EVIDENCE IN` `O. 133/2024 OF AMBALATHA POLICE`
`ANNEXURE A4`	`A TRUE` `IN CRI` `POLICE`	`COPY OF STATEMENT OF WITNESSES` `ME NO. 133/2024 OF AMBALATHA` `STATION`
`ANNEXURE A5`	`A TRUE` `07.04.2` `CENTRE,`	`COPY OF WOUND CERTIFICATE DATED` `024 ISSUED BY KARUNYA MEDICAL` `PARAPPA`
`ANNEXURE A6`	`AFFIDAV` `THE 2ND`	`IT DATED 08.01.2025 SWORN BY` `RESPONDENT`

¶49

PETITIONERS’ ANNEXURES: NIL

¶50

//TRUE COPY//

¶51

PA TO JUDGE

Nithin. P.v, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Nithin. P.v, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Mahesh Kumar, Vs State of Kerala

Abdul Nizar , Vs State of Kerala

Sathi Devi, Vs State of Kerala

Lingcon Biswas, Vs State of Kerala

Abbas, Vs State of Kerala

John Pv, Vs the State of Kerala