The Kerala High Court quashed criminal proceedings against the accused for offences under Sections 354 and 354A IPC, relying on the respondent's affidavit of settlement and absence of public interest to prevent abuse of process.
Crl.M.C. allowed; Annexure A1 FIR and proceedings in Crime No.153/2020 quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 13TH DAY OF OCTOBER 2020 / 21ST ASWINA, 1942
Crl.MC.No.3980 OF 2020(F)
CRIME NO.153/2020 OF THE ERNAKULAM TOWN SOUTH POLICE STATION PETITIONER/ACCUSED:
JEEN JOSEPH AGED 29 YEARS S/O. JOSEPH, POLLAYIL HOUSE, PATTANAKKAD, ANDHAKARANAZHI P.O., CHERTHALA, ALEPPEY DISTRICT.
BY ADV. SRI.M.J.SANTHOSH
RESPONDENT/STATE AND DE FACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY THE SHO, ERNAKULAM TOWN SOUTH POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2 AMALA JOSE, AGED 23 YEARS, D/O. JOSE C.C., CHERIYAPURATHU HOUSE, MOONNILAVU P.O., MEENACHIL, ERATTUPETTA, KOTTAYAM DISTRICT.
R2 BY ADV. FRANCIS.M.KURIAN
OTHER PRESENT:
SR.PP.AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.3980 OF 2020(F) ..2..
ORDER
Dated this the 13th day of October 2020
Petitioner is the accused in Crime No.153/2020
registered at the Ernakulam Town South Police Station for offences punishable under Sections 354, 354A(1)(i) of IPC. The de facto complainant, at whose instance the crime was registered, is arrayed as the 2nd respondent. Annexure-A2 affidavit has been filed by 2nd respondent stating that the reason for the incident, which led to registration of the crime, has been resolved amicably and she has no subsisting grievance against the petitioner.
Crl.MC.No.3980 OF 2020(F) ..3..
contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and 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 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 the result, this Crl.M.C is allowed. AnnexureA1 FIR and the proceedings in Crime No.153/2020 registered at the Ernakulam Town South Police Station is quashed.
Sd/V.G.ARUN JUDGE
SB/13/10/2020
Crl.MC.No.3980 OF 2020(F) ..4..
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO.153/2020 OF THE ERNAKULAM TOWN SOUTH POLICE STATION.
ANNEXURE A2 AFFIDAVIT OF THE DEFACTOCOMPLAINANT/2ND RESPONDENT.
//true copy// P.A to Judge
1 issue framed by the court
Whether continuation of criminal proceedings constitutes abuse of court process given amicable settlement and lack of public interest.
Colour shows how this judgement treated each authority
Madan Mohan Abbot v. State of PunjabRelied on¶24
_Madan Mohan Abbot v. State of Punjab_ [(2008) 4 SCC 582] · Who else cites this
Gian Singh v. State of Punjab and anotherRelied on¶24
_Gian Singh v. State of Punjab and another_ [(2012) 10 SCC 303] · Who else cites this
1 provisions across 1 enactments
Jeen Joseph
State of Kerala
Amala Jose
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
