Allowed

Sajan Thomas v. the State of Kerala

Kerala HC9 Oct 2020Crl.MC/2998/2020

Case brief

AI extract

What is this about?

This High Court of Kerala, on acceptance of an affidavit showing an amicable settlement of the underlying dispute and the absence of public interest, held that continuing the criminal trial would be an abuse of process. The Court relied on Supreme Court precedents to grant the relief.

What did the court decide?

The criminal proceedings in S.C.No.4 of 2018 before the District and Sessions Court, Idukki, are quashed.

Sajan Thomas Vs the 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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FRIDAY, THE 09TH DAY OF OCTOBER 2020 / 17TH ASWINA, 1942

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Crl.MC.No.2998 OF 2020(D)

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CRIME NO.38/2017 OF Upputhara Police Station , Idukki

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PETITIONER/S:

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1 SAJAN THOMAS AGED 35 YEARS S/O THOMAS, KIZHAKKEMURI HOUSE, AYYAPPAN KOVIL VILLAGE, IDUKKI DISTRICT.

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2 SURESH, AGED 35 YEARS S/O RADHAKRISHNAN, VADAKKETHIL HOUSE, KIZHAKKEMATTUKATTA, AYYAPPAN KOVIL VILLAGE, IDUKKI DISTRICT.

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3 LALACHAN, AGED 55 YEARS S/O PADMANABHAN, PULLOLIL HOUSE, 6 ACRE BHAGAM, MERIKULAM, AYYAPPANCOVIL VILLAGE, IDUKKI.

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BY ADV. SRI.K.S.ARUNDAS

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RESPONDENT/S:

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1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

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2 ABHILASH AGED 37 YEARS S/O CHAKKO, CHOTTUKUNNEL HOUSE, AYYAPPANCOVIL P.O.MERIKULAM, IDUKKI DISTRICT.

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R2 BY ADV. ABHISHEK KURIAN

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OTHER PRESENT:

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PP MAYA ANTHARJANAM

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

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09.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.2998 of 2020

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ORDER

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Dated this the 09^th day of October , 2020

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Petitioners are the accused in Crime No.38 of 2017 registered at the Upputhara Police Station for offences punishable under Sections 294 (b), 341 r/w 34 of IPC and Section 3(1)(s), 3(2)V(a) of the SC/ST (Prevention of Atrocities) Act, now pending as S.C.No.4 of 2018 on the files of the District and Sessions Court, Idukki. The de facto complainant, at whose instance the crime was registered, is arrayed as the second respondent.

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Annexure III affidavit has been filed by the second 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.2998 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 dispute is settled and that no public interest is involved in this matter. Moreover, in view of the

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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

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Crl.M.C.No.2998 of 2020

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proceedings in S.C.No.4 of 2018 on the files of the District and Sessions Court, Idukki, is quashed.

Sd/V.G.ARUN

JUDGE

Scl/09.10.2020

Crl.M.C.No.2998 of 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE 1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO 38/2017 OF UPPUTHARA POLICE STATION, IDUKKI

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ANNEXURE 11 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO 38/2017 OF UPPUTHARA POLICE STATION, IDUKKI

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ANNEXURE 111 AFFIDAVIT PREPARED BY THE 2ND RESPONDENT

Sajan Thomas v. the State of Kerala

Case brief

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Sajan Thomas v. the State of Kerala

Case brief

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