Allowed

Capt. Paul Erinjeri v. State of Kerala

Kerala HC12 Oct 2020Crl.MC/2284/2020

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a Criminal Miscellaneous petition to quash proceedings under IPC Sections 323, 294(b), and 506. Relying on Supreme Court precedents regarding the abuse of court process, the Court quashed the FIR due to the settled dispute and lack of public interest.

What did the court decide?

This Criminal Miscellaneous Case is allowed. Annexure I FIR and all proceedings in Crime No.80 of 2020 of the Ernakulam Central Police Station are quashed.

Capt. Paul Erinjeri 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 12TH DAY OF OCTOBER 2020 / 20TH ASWINA, 1942

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Crl.MC.No.2284 OF 2020(E)

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CRIME NO.80/2020 OF Ernakulam Central Police Station , Ernakulam

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PETITIONER/S:

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1 CAPT. PAUL ERINJERI AGED 68 YEARS

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S/O. LAE E.O. OUSEPH, R/O B-0804, AWHO CHANDER KUCH ARMY TOWERS, SILVER SAND ISLAND, VYTILLA, KOCHI-682 019.

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2 MAJ. JOSEPH PAUL ERINJERI AGED 30 YEARS S/O. CAPT. PAUL ERINJERI, R/O B-0804, AWHO CHANDER KUCH ARMY TOWERS, SILVER SAND ISLAND, VYTILLA, KOCHI-682 019.

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BY ADV. SRI.P.A.AUGUSTIAN

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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2 THE STATION HOUSE OFFICER CENTRAL POLICE STATION, ERNAKULAM-682 018.

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3 DILEEP P., AGED 47 YEARS S/O. PADMANABHAN, VALAYIL HOUSE, ULLALA KARA, VAIKOM TALUK, KOTTAYAM.

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R3 BY ADV. LINDA.M.J.

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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 12.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.2284 of 2020

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ORDER

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Dated this the 12^th day of October , 2020

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Petitioners are the accused in Crime No.80 of 2020 registered at the Ernakulam Central Police Station for offences punishable under Sections 323, 294(b) and 506 r/w 34 of IPC. The de facto complainant, at whose instance the crime was registered, is arrayed as the third respondent. Annexure C affidavit has been filed 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 have no criminal antecedents.

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3. Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by the third

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Crl.M.C.No.2284 of 2020

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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

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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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In the result, this Crl.M.C is allowed.

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Annexure I FIR and all proceedings in Crime No.80 of 2020 of the Ernakulam Central Police Station,

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is quashed.

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Sd/- V.G.ARUN JUDGE

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Scl/12.10.2020

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Crl.M.C.No.2284 of 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A TRUE COPY OF THE FIR IN CRIME NO.0080/2020 OF CENTRAL POLICE STATION, ERNAKULAM.

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ANNEXURE B TRUE COPY OF THE COMPLAINT OF THE RESPONDENT NO.3. ANNEXURE C AFFIDAVIT OF THE 3RD RESPONDENT

Capt. Paul Erinjeri v. State of Kerala

Case brief

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Capt. Paul Erinjeri v. State of Kerala

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