Allowed

Rajesh a Pillai v. State of Kerala

Kerala HC23 Nov 2020Crl.MC/1862/2020

Case brief

AI extract

What is this about?

The court allowed a criminal miscellaneous petition to quash proceedings in L.P.No.100 of 2010. The dispute was settled by the de facto complainant, no public interest was involved, and the possibility of conviction was remote, amounting to an abuse of process.

What did the court decide?

The criminal miscellaneous case is allowed. The proceedings in L.P.No.100 of 2010 on the file of Judicial First Class Magistrate Court -II, Chengannur is quashed.

Rajesh a Pillai Vs State of Kerala — Quashing and FIR | 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 23RD DAY OF NOVEMBER 2020 / 2ND AGRAHAYANA, 1942

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Crl.MC.No.1862 OF 2020(C)

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AGAINST THE JUDGMENT IN LP 100/2010 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, CHENGANNUR

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CRIME NO.172/2007 OF Venmani Police Station , Alappuzha

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PETITIONER:

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RAJESH A PILLAI AGED 46 YEARS S/O.AYYAPPAN PILLAI, MULAMOOTTIL VEEDU, P.O.CHENGANNUR-689125

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BY ADV. SMT.RUKHIYABI MOHD KUNHI

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RESPONDENTS:

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1 STATE OF KERALA

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(SHO, VENMONY POLICE STATION) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

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2 KRISHNA KUMAR

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S/O.V.P.MADHAVA KURUP, OPERATIONS MANAGER, SANJEEVANI MULTI SUPER SPECIALTY HOSPITAL, KOLAKKADAVU.P.O.CHENGANNUR

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R2 BY ADV. C.E.MANOJ NAIR

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SRI.AMJATH ALI(PP)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crmc 1862/2020

V.G.ARUN, J.

=========================== Crl.M.C.No.1862 of 2020

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=========================== Dated this the 23^rd day of November, 2020

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ORDER

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Petitioner is the accused in Crime No.172 of 2007 registered at the Venmony Police Station for offences punishable under Section 420 of IPC, now pending as L.P.No.100 of 2010 on the file of Judicial First Class Magistrare Court -II, Chengannur. The de facto complainant, at whose instance the crime was registered is the 2^nd respondent. Annexure A1 affidavit has been filed by the 2^nd respondent stating that the dispute has been settled and that he has no subsisting grievance against the petitioner.

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Heard the learned Public Prosecutor also, who, 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 2^nd respondent, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and that no public interest is involved in this matter. Moreover, in view of the settlement, possibility of the criminal proceedings

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Crmc 1862/2020

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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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In the result, this Crl.M.C is allowed. The proceedings in L.P.No.100 of 2010 on the file of Judicial First Class Magistrare Court -II, Chengannur is quashed.

Sd/-

V.G.ARUN JUDGE

lgk

Crmc 1862/2020

APPENDIX

PETITIONER'S/S EXHIBITS:

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ANNEXURE A TRUE COPY OF THE FIR IN CRIME NO.172/2007 OF VENMONY POLICE STATION

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ANNEXURE A1 TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT

Rajesh a Pillai v. State of Kerala

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Rajesh a Pillai v. State of Kerala

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