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2025 DAILYLAW 7748 (KER)

RAHEEM. P.M v. STATE OF KERALA

Crl.MC/6250/2022 · 2025-03-25

V G Arun

body2025

Judgment text

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2025:KER:25706 CRL.MC NO. 6250 OF 2022 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 CRL.MC NO. 6250 OF 2022 CRIME NO.1520/2020 OF NADAKKAVU POLICE STATION, KOZHIKODE PETITIONER: RAHEEM. P.M AGED 26 YEARS S/O KUNHAMINA, PALLIKKAL MANZIL, PALLIKAL PANATHUR, PANATHADY, VELLARIKUNDU, KASARAGOD DISTRICT, PIN - 671532 BY ADVS. K.MOHAMMED RAFEEQ AMARNATH R LAL P.M.MATHEW SANALDEV E.P. VISHNUMAYA ANANDAN RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER NADAKKAVU POLICE STATION, KOZHIKKODE DISTRICT, PIN - 673006 3 RAJESH AGED 38 YEARS S/O LAKHSMI, PADINHAREPPATTU, KUNNAMANGALAM, KOZHIKKODE DISTRICT, 2025:KER:25706 CRL.MC NO. 6250 OF 2022 2 PIN - 673571 ADDL.R4 MERLIN, D/O CHRISTY, PAVITHRA HOUSE, MARKET ROAD, OLD MILITARY CANTEEN, ERAVIPURAM, KOLLAM DISTRICT- 601 011 (ADDL. R4 IS IMPLEADED AS PER ORDER DATED 03.09.2024 IN CRL.M.A.NO.3 OF 2024) BY ADVS. PUSHPALATHA M.K., SR.PUBLIC PROSECUTOR BIBIN MATHEW THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:25706 CRL.MC NO. 6250 OF 2022 3 ORDER Dated this the 25th day of March, 2025 The petitioner is an accused in Crime No.1520 of 2020 registered at the Nadakkavu Police Station for offences punishable under Sections 392 and 365 of the Indian Penal Code. 2. The crime was registered on the allegation that, on 28.11.2020, at about 07:00 pm, the accused abducted respondents 3 and 4 and stole Rs.18,000/- and a mobile worth Rs.17,000/-. 3. Learned Counsel for the petitioner submitted that the dispute, which led to the incident and registration of the crime, is amicably settled and Annexures 2 and 3 affidavits have been filed by the respondents 3 and 4 vouching this fact. 4. Learned Counsel for respondents 3 and 4 also submitted that the dispute is settled and his clients have no grievance against the petitioner. 5. I heard the learned Public Prosecutor also. 6. Having considered the gravity of the offences 2025:KER:25706 CRL.MC NO. 6250 OF 2022 4 alleged and having perused the affidavits, the contents of which are vouched to be true and voluntary by the Counsel for respondents 3 and 4, 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. In the result, this Crl.M.C is allowed. Annexure1 FIR and all further proceedings in Crime No.1520 of 2020 of Nadakkavu Police Station, as against the petitioner, is quashed. Sd/- V.G.ARUN JUDGE SPV 2025:KER:25706 CRL.MC NO. 6250 OF 2022 5 APPENDIX OF CRL.MC 6250/2022 PETITIONER’S ANNEXURES ANNEXURE1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 1520/2020 OF NADAKKAVU POLICE STATION ANNEXURE2 ORIGINAL AFFIDAVIT DATED 23.07.2022 SWORN BY THE THIRD RESPONDENT ANNEXURE-3 AFFIDAVIT SWORN IN BY THE CHARGE WITNESS NO.2 IN THE ABOVE CASE ANNEXURE-4 TRUE COPY OF AFFIDAVIT DATED 23.11.2024 SWORN BY THE CHARGE WITNESS NO.2 /DEFACTO COMPLAINANT. RESPONDENTS’ ANNEXURES : NIL //TRUE COPY// PA TO JUDGE