The High Court of Kerala allowed a criminal miscellaneous application to quash an FIR and associated proceedings. The court accepted an affidavit of settlement between the parties and found no public interest in continuing the trial.
Criminal Miscellaneous Case allowed; Annexure-A1 FIR and all proceedings in Crime No.116/2020 are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 13TH DAY OF NOVEMBER 2020 / 22ND KARTHIKA, 1942
Crl.MC.No.1982 OF 2020(G)
CRIME NO.116/2020 OF Medical College Police Station , Kozhikode
PETITIONER/ACCUSED:
AKIF. N, AGED 21 YEARS, S/O. ASHRAF, NALAKAM HOUSE, NEAR KUNDUNGAL UP SCHOOL, P. O. KUNDUNGAL, KOZHIKODE - 673 003. BY ADVS. SRI. SRINATH GIRISH SRI. P. JERIL BABU
RESPONDENTS/STATE AND DE FACTO COMPLAINANT:
1 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2 SHINAS MUHAMMED, AGED 19 YEARS S/O. HAMEED, RESIDING AT SRS HOUSE, KUDUKKILUMMARAM, THAMARASSERY P. O, KOZHIKODE - 673 573.
SRI. RAMESH CHAND, PP R2 BY ADV. HALVI K.S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.1982 OF 2020
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ORDER
Dated this the 13th day of November 2020
Petitioner is the accused in Crime No.116/2020 registered at the Medical College Police Station, Kozhikode for offences punishable under Sections 341, 323 and 326 of I.P.C. The de facto complainant at whose instance the crime was registered is arrayed as the 2nd respondent. Annexure - A2 affidavit has been filed by the 2nd respondent stating that the dispute, which led to registration of the crime, has been settled amicably and that he has no subsisting grievance in the matter.
Crl.MC.No.1982 OF 2020
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matter. The fact that the de facto complainant as well as the accused were students at the time when the incident occurred is also taken into consideration. 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.
In the result, this Crl.M.C is allowed. Annexure - A1 FIR and all proceedings in Crime No .116/2020 registered at the Medical College Police Station, Kozhikode is quashed.
Sd/-
V.G.ARUN JUDGE
SPR
Crl.MC.No.1982 OF 2020
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT NO.116/2020 DATED 17.02.2020 OF MEDICAL COLLEGE POLICE STATION, KOZHIKODE ALONG WITH FIS.
ANNEXURE A2 AFFIDAVIT DATED 28.02.2020 SUBMITTED BY THE 2ND RESPONDENT.
RESPONDENT'S/S EXHIBITS: NIL.
Colour shows how this judgement treated each authority
Madan Mohan Abbot v. State of PunjabExplained¶24
Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] · Who else cites this
Gian Singh v. State of Punjab and anotherExplained¶24
Gian Singh v. State of Punjab and another [(2012) 10 SCC 303] · Who else cites this
Akif. N
The State of Kerala
Shinas Muhammed
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
