Allowed

Rejithkumar, v. State of Kerala

Kerala HC23 Nov 2020Crl.MC/2504/2020

Case brief

AI extract

What is this about?

This criminal miscellaneous case involved a petitioner accused of offences under IPC Sections 494, 495, and 420. The court quashed the proceedings after the de facto complainant filed an affidavit stating the dispute was resolved amicably and no private or public interest remained, citing Supreme Court precedents on abuse of process.

What did the court decide?

The First Information Report in Crime No.1685/2018 registered at Karungappally Police Station, Kollam is quashed.

Rejithkumar, 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.2504 OF 2020(C)

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CRIME NO.1685/2018 OF Karunaagapally Police Station , Kollam

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PETITIONER/ACCUSED:

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REJITHKUMAR, AGED 45 YEARS S/O.KANNANAMKUZHI, MAVELIKKARA, ALAPPUZHA.

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BY ADV. SRI.M.R.SASITH

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682013.

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2 THE SUB INSPECTOR, KARUNAGAPPALLY POLICE STATION, KOLLAM, PIN-690523.

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3 SABITHA,

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AGED 25 YEARS D/O.SADHASIVAN PILLAI, NANDANAM, THEKKUM MURI, MEKKU THAZHAVA P.O., KARUNAGAPPALLY, PIN-690523.

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R3 BY ADV. V.VINAR

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OTHER PRESENT:

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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:

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Crl.MC.No.2504 OF 2020(C) ..2..

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O R D E R

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Dated this the 23^rd day of November, 2020

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Petitioner is the accused in Crime No.1685/2018

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registered at the Karungappally Police Station for offences punishable under Sections 494, 495 and 420 of IPC. The de facto complainant, at whose instance the crime was registered, is arrayed as the 3^rd respondent. Annexure-A2 affidavit has been filed by 3^rd respondent stating that the dispute, which was the reason for the incident and registration of the crime, has been resolved amicably and she has no subsisting grievance against the petitioners.

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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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Crl.MC.No.2504 OF 2020(C) ..3..

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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 3^rd 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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In the result, this Crl.M.C is allowed. AnnexureA1 affidavit and the proceedings in Crime

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Crl.MC.No.2504 OF 2020(C) ..4..

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No.1685/2018 registered at the Karungappally Police

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Station is quashed.

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SB/23/11/2020

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Sd/V.G.ARUN JUDGE

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Crl.MC.No.2504 OF 2020(C) ..5..

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO.1685/2018 OF KARUNAGAPPALLY POLICE STATION, KOLLAM.

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ANNEXURE A2 TRUE COPY OF THE AFFIDAVIT FILED BY THE 3RD RESPONDENT.

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//true copy// P.A to Judge

Rejithkumar, v. State of Kerala

Case brief

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Rejithkumar, v. State of Kerala

Case brief

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