Allowed

Vipin O. v. State of Kerala

Kerala HC17 Sept 2020Crl.MC/1969/2020

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a case for quashing. Petitioners were accused in IPC offences. The de facto complainant filed an affidavit stating the dispute was settled and he had no grievance. Relying on Madan Mohan Abbot and Gian Singh, the Court held the matter was settled with no public interest and ordered quashing to prevent abuse of process.

What did the court decide?

Crl.M.C. No. 1969 of 2020 is allowed. Proceedings in S.C.No.205 of 2019 as against 1st accused and S.C No.481 of 2019 as against 2nd and 3rd accused are quashed.

Vipin O. Vs State of Kerala — Kerala HC (2020) — LawSathi Research

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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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THURSDAY, THE 17TH DAY OF SEPTEMBER 2020 / 26TH BHADRA, 1942

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Crl.MC.No.1969 OF 2020(E)

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AGAINST THE ORDER/JUDGMENT IN SC 205/2019 OF SUB COURT, HOSDRUG

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CRIME NO.336/2018 OF Hosdurg Police Station , Kasargod

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PETITIONER/S:

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1 VIPIN O. AGED 23 YEARS S/O.BALACHANDRAN, ORAVANKARA (H), MUKKOOD, CHITHARI VILLAGE, HOSDURG, KASARGODE.

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2 SHINOJ OTTARAKKAL, AGED 32 YEARS S/O.KRISHNAN, OTTARAKKAL (H), MUKKOOD, CHITHARI VILLAGE, HOSDURG, KASARGODE.

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3 SANOJ T., AGED 27 YEARS S/O.RAMAKRISHNAN, MUKKOOD, CHITHARI VILLAGE, HOSDURG, KASARGODE.

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BY ADVS. SRI.RAHUL SASI SMT.NEETHU PREM

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RESPONDENT/S:

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

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2 STATION HOUSE OFFICER HOSDURG POLICE STATION, KASARAGODE DISTRICT671315.

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3 RAGESH M.

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Crl.M.C.No.1969 of 2020

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AGED 35 YEARS S/O.CHANDRAN, PULIYAKKAD (H), RAVANESWARAM, CHITHARI VILLAGE, KASARGOD-671316.

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R3 BY ADV. NIRMAL V NAIR

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OTHER PRESENT:

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SR.PP.C.S.HRITHWIK

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.09.2020, THE COURT ON THE SAME DAY PASSED THE

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FOLLOWING:

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Crl.M.C.No.1969 of 2020

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ORDER

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Dated this the 17^th day of September , 2020

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Petitioners are the accused in Crime No.336 of 2018 registered at the Hosdurg Police Station for offences punishable under Sections 341, 323, 324, 308 r/w 34 of IPC, now pending as S.C.No.205 of 2019 on the files of the Assistant Sessions Court, Hosdurg as against the first accused and S.C No.481 of 2019 as against the 2^nd and 3^rd accused.

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The de facto complainant, at whose instance the crime was registered, is arrayed as the third respondent. Annexure A2 affidavit has been filed

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by the third respondent stating that the dispute which led to registration of the crime, has been settled amicably and he has no subsisting grievance in the matter.

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2. Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioners

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Crl.M.C.No.1969 of 2020

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have no criminal antecedents.

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3. Having considered the gravity of the

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offences alleged, nature of the injury caused and having perused the affidavit filed by the second respondent, the contents of which are submitted to

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be true and voluntary, I am satisfied that the matter has been amicably settled and that no public interest is involved in this matter.

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Moreover, in view of the settlement arrived at between the parties, 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

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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.

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Crl.M.C.No.1969 of 2020

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In the result, this Crl.M.C is allowed. The proceedings in S.C.No.205 of 2019 on the files of the Assistant Sessions Court, Hosdurg as against the first accused and S.C No.481 of 2019 as

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against the 2^nd and 3^rd accused are quashed.

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Sd/V.G.ARUN JUDGE

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Scl/17.09

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Crl.M.C.No.1969 of 2020

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APPENDIX

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