Allowed

Vinu Mon a. v. State of Kerala

Kerala HC9 Dec 2020Crl.MC/2872/2020

Case brief

AI extract

What is this about?

The High Court of Kerala, in a criminal miscellaneous petition filed by an accused under Section 379 IPC, quashed criminal proceedings upon noting the settment affidavit filed by the de facto complainant and the absence of public interest.

What did the court decide?

The criminal proceedings under C.C. No. 714 of 1998 are quashed due to the settlement of the dispute and absence of public interest.

Vinu Mon a. 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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WEDNESDAY, THE 09TH DAY OF DECEMBER 2020 / 18TH AGRAHAYANA, 1942

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Crl.MC.No.2872 OF 2020(H)

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AGAINST THE JUDGMENT IN CC 714/1998 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KANNUR

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CRIME NO.142/1997 OF Valappatanam Police Station , Kannur

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PETITIONER:

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VINU MON A. AGED 49 YEARS S/O. AYOOB, BLOCK NO.77, AANADU MURI, CHALLIMUKKU,PERINGAMMALA VILLAGE, THIRUVANANTHAPURAM DISTRICT,PIN-695 563

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BY ADVS. SRI.K.SIJU SMT.S.SEETHA

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RESPONDENTS:

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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, VALAPATTANAM POLICE STATION, KANNUR DISTRICT-PIN670010

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3 KARYAKARANTAKATH ANEES, AGED 47 YEARS S/O. HAMSA, RESIDING AT KARYAKARANATAKATH,PWD CONTRACTOR, PAPPINISSERY, KANNUR DISTRICT,PIN-670 561

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R3 BY ADV. MUHAMMED RAFI

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SR.PP.AMJAD ALI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

CRMC 2872/2020

V.G.ARUN, J.

=========================== Crl.M.C.No.2872 of 2020

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=========================== Dated this the 9^th day of December, 2020

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ORDER

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Petitioner is the accused in Crime No.142 of 1997

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registered at the Valapattanam Police Station for offences punishable under Section 379 of IPC, now pending as C.C.No.714 of 1998 (LPC No.63/2000) on the file of Judicial First Class Magistrate Court-II, Kannur. The de facto complainant, at whose instance the crime was registered is the 3^rd respondent. Annexure 3 affidavit has been filed by the 3^rd 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 3^rd 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

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CRMC 2872/2020

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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. The proceedings in C.C.No.714 of 1998 (LPC No.63/2000) on the file of Judicial First Class Magistrate Court-II, Kannur is quashed.

Sd/-

V.G.ARUN JUDGE

lgk

CRMC 2872/2020

APPENDIX

PETITIONER'S/S E	XHIBITS:
ANNEXURE-1	THE COPY OF NO.142/1997	FIR WITH FIS IN CRIME OF VALAPATTANAM POLICE STATION
ANNEXURE-2	THE COPY OF NO.142/1997	FINAL REPORT IN CRIME OF VALAPATTANAM POLICE STATION
ANNEXURE-3	THE COPY OF RESPONDENT	AFFIDAVIT SWORN BY THE 3RD REGARDING THE COMPROMISE DATED
	20.3.2020

Vinu Mon a. v. State of Kerala

Case brief

What is this about?

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Vinu Mon a. v. State of Kerala

Case brief

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