Allowed

Bijay P., v. State of Kerala

Kerala HC7 Dec 2020Crl.MC/1514/2020

Case brief

AI extract

What is this about?

The Single Judge quashed the FIR and proceedings in a criminal case involving IPC offences. The court held that the matrimonial dispute was settled amicably, a divorce petition was filed, and public interest was not involved, citing Supreme Court precedents on abuse of process.

What did the court decide?

FIR and proceedings in Crime No.58/2019 at Medical College Police Station, Thrissur is quashed.

Bijay P., Vs State of Kerala — Cheque Dishonour | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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MONDAY, THE 07TH DAY OF DECEMBER 2020 / 16TH AGRAHAYANA, 1942

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Crl.MC.No.1514 OF 2020(H)

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CRIME NO.58/2019 OF MEDICAL COLLEGE POLICE STATION , Thrissur

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PETITIONER/SOLE ACCUSED:

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BIJAY P., AGED 43 YEARS S/O RAMACHANDRAN, PUZHAKKAL HOUSE, MANITHARA DESOM, AVANOOR P.O.THANGALUR VILLAGE, THRISSUR DISTRICT-680 541.

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BY ADV. SRI.G.SREEKUMAR (CHELUR)

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RESPONDENT/STATE AND THE COMPLAINANT:

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1 STATE OF KERALA, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, ERNAKULAM DISTRICT-682 017.

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2 VINEETHA K. VISWAN AGED 37 YEARS D/O VISWAMBHARAN, KOTTAYIL HOUSE, THANGALOOR P.O. THANGALOOR VILLAGE DESOM, THRISSUR DSITRICT-680 596.

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R2 BY ADV. M.A.BIJU

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OTHER PRESENT:

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SR.PP.AMJAD ALI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.1514 OF 2020(H) ..2..

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ORDER

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Dated this the 7th day of December 2020

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Petitioner is the accused in Crime No.58/2019 registered at the Medical College Police Station, for offences punishable under Sections 377, 498-A and 323 of IPC. The de facto complainant, at whose instance the crime was registered, is the 1^st petitioner’s wife and is arrayed as the 2^nd respondent herein. Annexure-AV affidavit has been filed by the 2^nd respondent stating that the matrimonial dispute, which had compelled her to submit the complaint leading to registration of the crime, has been resolved amicably and a joint petition for divorce under Section 13B of the Hindu Marriage Act is filed and hence, she has no subsisting grievance against the petitioners.

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Heard the learned Public Prosecutor also, who,

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Crl.MC.No.1514 OF 2020(H) ..3..

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on instructions, submits that the petitioner has no criminal antecedents.

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Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by the 2^nd respondent, 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, 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.

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Crl.MC.No.1514 OF 2020(H) ..4..

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In the result, this Crl.M.C is allowed. Annexure-I

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FIR and the proceedings in Crime No.58/2019

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registered at the Medical College Police Station is quashed.

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SB/07/12/2020

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Sd/V.G.ARUN JUDGE

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Crl.MC.No.1514 OF 2020(H) ..5..

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE 1 A CERTIFIED COPY OF THE FIR IN CRIME NO 58 OF 19 OF THE MEDICAL COLLEGE POLICE STATION COMING WITHIN THE JURISDICTION OF THE JFCM WADAAKKANCHERY DATED 21.1.2019

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ANNEXURE 11 A TRUE COPY OF THE GO P NO 377 OF 19 BEFORE THE FAMILY COURT, THRISSUR DATED 22.2.19

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ANNEXURE 111 A TRUE COPY OF THE MEDIATION AGREEMENT IN OP NO 334 OF 19 BEFORE THE FAMILY COURT, THRISSUR DATED NIL

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ANNEXURE IV A TRUE COPY OF THE OP NO 58 OF 2020 FILED BEFORE THE FAMILY COURT, THRISSUR DATED 10.1.2020

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ANNEXURE V THE ORIGINAL OF THE AFFIDAVIT OF THE SECOND RESPONDENT DATED 27.1.2020

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//true copy// P.A to Judge

Bijay P., v. State of Kerala

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Bijay P., v. State of Kerala

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