The court quashed criminal proceedings under Sections 406 and 420 of IPC as the dispute was settled affording no public interest in continuing prosecution following Supreme Court precedents.
The criminal proceedings in Crime No.1888 of 2019 registered at Mannanthala Police Station are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 14TH DAY OF OCTOBER 2020 / 22ND ASWINA, 1942
Crl.MC.No.3764 OF 2020(A)
CRIME NO.1888/2019 OF MANNANTHALA POLICE STATION , Thiruvananthapuram
PETITIONER/ACCUSED :
ROSHAN S.R., AGED 28 YEARS, S/O. RETNAKARAN, RESHMI BHAVAN, THERUVILA, KALLAYAM, MANNANTHALA P.O., THIRUVANANTHAPURAM.
BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL
RESPONDENT/DE-FACTO COMPLAINANT :
1 STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM THROUGH SUB INSPECTOR OF POLICE, MANNANTHALA POLICE STATION, THIRUVANANTHAPURAM, PIN-682 031
2 SHERSHAD, AGED 29 YEARS, S/O. HAKKIM, SHERSHAD MANZIL, NETTAYAKODE, THEKKADA, THIRUVANANTHAPURAM-695 615.
R2 BY ADV. S.ANIL (PADINJAREKOTA)
SRI. AMJAD ALI, SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crmc 3764/2020
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V.G.ARUN, J.
=========================== Crl.M.C.No.3764 of 2020
=========================== Dated this the 14th day of October, 2020
ORDER
Petitioner is the accused in Crime No.1888 of 2019 registered at the Mannanthala Police Station for offences punishable under Sections 406 and 420 of IPC. The de facto complainant, at whose instance the crime was registered, is the 2nd respondent. Annexure 2 affidavit has been filed by the 2nd respondent stating that the dispute is resolved and that he has no subsisting grievance against the petitioner.
dispute is settled and that no public interest is involved in this
Crmc 3764/2020
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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.
in Crime No.1888 of 2019 registered at the Mannanthala Police Station is quashed.
Sd/V.G.ARUN JUDGE
lgk
Crmc 3764/2020
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APPENDIX
PETITIONER'S ANNEXURES :
ANNEXURE P1 TRUE COPY OF THE FIR IN CRIME NO.1888/2019 OF ONE MANNANTHALA POLICE STATION.
ANNEXURE P2 AFFIDAVIT FILED BY THE SECOND RESPONDENT.
RESPONDENT'S ANNEXURES : NIL
2 issues framed by the court
Whether criminal proceedings under Sections 406 and 420 of IPC should be quashed in light of the settlement of the dispute and no public interest involved.
Whether the continuance of proceedings will amount to an abuse of process of court.
Colour shows how this judgement treated each authority
Madan Mohan Abbot v. State of PunjabReferred¶28
Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] · Who else cites this
Gian Singh v. State of Punjab and anotherReferred¶28
Gian Singh v. State of Punjab and another [(2012) 10 SCC 303] · Who else cites this
1 provisions across 1 enactments
ROSHAN S.R.
STATE OF KERALA
SHERSHAD
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
V.G.ARUN
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