Allowed

Fasaludheen v. State of Kerala

Kerala HC8 Oct 2020Crl.MC/3486/2020

Case brief

AI extract

What is this about?

The High Court allowed a criminal miscellaneous petition to quash an FIR registered under POCSO. Relying on Supreme Court precedents, the Court held that a settled dispute with no public interest involvement permits the quashing of proceedings despite the non-bailable nature of the offences.

What did the court decide?

The Criminal Miscellaneous Case was allowed; the FIR and all proceedings in Crime No.178 of 2019 registered at the Kuttipuram Police Station were quashed.

Fasaludheen 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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THURSDAY, THE 08TH DAY OF OCTOBER 2020 / 16TH ASWINA, 1942

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Crl.MC.No.3486 OF 2020(E)

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CRIME NO.178/2019 OF Kuttipuram Police Station , Malappuram

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PETITIONER/S:

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1 FASALUDHEEN

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AGED 22 YEARS

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S/O.KUNJAPPU, VALPARAMBIL VEEDU, PAINKANNUR, KUTTIPURAM, MALAPPURAM DISTRICT.

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2 NASEEMA

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W/O.SAINUL ABDI, PARAVATH HOUSE, THIRUVEGAPURA P.O., PATTAMBI, PALAKKAD DISTRICT.

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BY ADV. SRI.P.T.SHEEJISH

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RESPONDENT/S:

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1 STATE OF KERALA

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REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN-682 031.

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2 XXXXXXXXXX XXXXXXXXXXXXXX

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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

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ON 08.10.2020, THE COURT ON THE SAME DAY PASSED THE

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FOLLOWING:

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Crl.M.C.No.3486 of 2020

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ORDER

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Dated this the 08^th day of October , 2020

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Petitioners are the accused in Crime No.178 of 2019 registered at the Kuttipuram Police Station for offences punishable under Sections 7, 8, 9 (I), 10, 11(V), and 12 of the Protection of Children from Sexual Offences Act, 2012. The de facto complainant, at whose instance the crime was registered, is arrayed as the second respondent. Annexure A2 affidavit has been filed by the second respondent stating that the dispute which led to registration of the crime, has been settled amicably and she 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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Crl.M.C.No.3486 of 2020

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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 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

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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

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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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Crl.M.C.No.3486 of 2020

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Annexure I FIR and all proceedings in Crime

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No.178 of 2019 registered at the Kuttipuram Police

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Station is quashed.

sd/V.G.ARUN

JUDGE

Scl/08.10.2020

Crl.M.C.No.3486 of 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 CERTIFIED COPY OF THE FIR ALONG WITH FIS IN CRIME NO.178/2019 OF KUTTIPURAM POLICE STATION, MALAPPURAM DISTRICT.

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ANNEXURE A2 AFFIDAVIT SWORN BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT DATED 21/7/20.

Fasaludheen v. State of Kerala

Case brief

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Fasaludheen v. State of Kerala

Case brief

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