Melvin P. Abraham vs State Of Kerala

Ashok Menon, J

The petitioner is the sole accused in Crime No.1620/2019 of Thiruvalla Police Station for having allegedly committed the offences punishable under

Sections 323, 341,294(b) and 307 of the IPC.

The prosecution case in brief is that the petitioner was having a quarrel with some other man and the defacto complainant allegedly intervened in

that quarrel on 10.9.2019 at 19.45 hours and in this scuffle that had ensued, the petitioner had hurled abuses and also stab him near his ear causing

hurt to him knowing fully well that it could have resulted in his death. The petitioner stated that the allegations are not true and that he he had no

intention whatsoever to commit a murder. He also did not any motive to murder the injured.

The injured defacto complainant is the second respondent herein and he has appeared through counsel and filed affidavit at Annexure-C stating that

he has no grievance against the petitioner. He has also no objection in quashing the proceedings as against the petitioner under Section 482 CRPC.

The Final report has already been filed and the matter is pending before the Judicial First Class Magistrate as C.P.No.13/2020.

The learned Public Prosecutor has been instructed by the investigating officer regarding the genuineness of the settlement. I perused the

documents.

Heard the learned counsel appearing for the petitioner, learned counsel appearing for the defacto complainant and also the learned Public

Prosecutor.

The Final report indicates that the petitioner had no intention to kill the defacto complainant. He also did not have any motive to commit the murder.

The injury sustained by the defacto complainant is not so grievous. It is true that there was an incised wound and the doctor has given statement to the

investigating officer that if the wound had gone unattended, there was a possibility of it getting infected and proving fatal. The petitioner has no

criminal antecedents. There is no public interest involved. Considering the fact that the injury sustained by the defacto complainant is very minor and

that the petitioner had no motive to kill the defacto complainant as is admitted by him, I find that no purpose will be served by proceeding with the trial

and hence the petition is only to be allowed.

In the result, the Crl.M.C is allowed. The entire proceedings in Crime No.1620 of 2019 of Thiruvalla Police Station, presently pending as

C.P.No.13/2020 of the Judicial First Class Magistrate Court, Thiruvalla as against the petitioner stands quashed under Section 482 of the CRPC and

the petitioner herein is discharged and set at liberty.

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