Allowed

Adheesh Chandran v. State of Kerala

Kerala HC24 Sept 2020Crl.MC/3629/2020

Case brief

AI extract

What is this about?

The Court allowed Criminal Miscellaneous Case No. 3629 of 2020 and quashed proceedings in C.C.No. 135 of 2020 regarding an alleged stalking offence under IPC 354D. The quashing was based on the 3rd respondent's affidavit affirming a settled dispute, remote chance of conviction, and absence of public interest, relying on Supreme Court precedents.

What did the court decide?

Criminal proceedings in C.C.No.135 of 2020 on the file of Judicial First Class Magistrate Court-II, Mavelikkara were quashed.

Adheesh Chandran Vs State of Kerala — Quashing and FIR | Kerala HC (2020)

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CRL.MC.3629/2020 1

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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 24TH DAY OF SEPTEMBER 2020 / 2ND ASWINA, 1942

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Crl.MC.No.3629 OF 2020(C)

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AGAINST THE ORDER/JUDGMENT IN CC 135/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS - II, MAVELIKKARA

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CRIME NO.531/2019 OF Nooranadu Police Station , Alappuzha

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PETITIONER/S:

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ADHEESH CHANDRAN AGED 39 YEARS S/O RAMACHANDRAN,VIKHNAMTHARA VEEDU, KULANGARA CHERRY,CHAVARA.P.O, KOLLAM(DIST)-691583.

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BY ADV. SRI.M.RAJESH

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682031.

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2 THE SUB INSPECTOR OF POLICE NOORANADU POLICE STATION,ALAPPUZHA(DIST-690504.

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3 ASHA SURESH AGED 48 YEARS W/O SURESH KUMAR,GOKULAM,CHUNAKKARA VILLAGE, CHARUMMOODU.PO,ALAPPUZHA(DIST)-690505.

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R3 BY ADV. G.GOPAKUMAR (KOLLAM)

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OTHER PRESENT:

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SR.PP.C.S.HRITHWIK

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.09.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC.3629/2020

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V.G.ARUN, J.

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CRL.M.C.No. 3629 of 2020

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Dated this the 24^th day of September, 2020

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O R D E R

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Petitioner is the accused in Crime No.531 of 2019 registered at

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the Nooranadu Police Station for the offence punishable under Section 354D IPC, now pending as C.C.No. 135 of 2020 on the files of the Judicial First Class Magistrate Court-II, Mavelikkara. The de facto complainant, at whose instance the crime was registered, is arrayed as the 3^rd respondent. Annexure-2 affidavit has been filed by 3^rd respondent stating that the dispute, which led to registration of the crime, has been settled amicably and that she has no subsisting grievance in the matter.

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Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioners have 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 the 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 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

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CRL.MC.3629/2020

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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.135 of 2020 on the files of the Judicial First Class Magistrate Court-II, Mavelikkara is quashed.

Sd/-

V.G.ARUN, JUDGE

vgs

CRL.MC.3629/2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE 1 A CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO.531/2019 OF NOORANADU POLICE STATION.

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ANNEXURE 2 AN AFFIDAVIT DATED 29.07.2020 SUBMITTED BY THE 3RD RESPONDENT.

Adheesh Chandran v. State of Kerala

Case brief

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Adheesh Chandran v. State of Kerala

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