High Court of Kerala allowed a criminal miscellaneous petition to quash FIR and pending proceedings for offences under IPC sections 341, 323, 324, 506, 294(b), and 354, held to be an abuse of process due to settled dispute.
Criminal miscellaneous case allowed; Annexure A1 FIR and all proceedings in Crime No.329 of 2019 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
THURSDAY, THE 08TH DAY OF OCTOBER 2020 / 16TH ASWINA, 1942
Crl.MC.No.4061 OF 2020(G)
CRIME NO.329/2019 OF Vellarikundu Police Station , Kasargod
PETITIONER/S:
1 TOMY GEORGE VATTOTH AGED 62 YEARS S/O.JOSEPH GEORGE, VATTOTH HOUSE, PUNNAKUNNU P.O., KASARGODE
2 ROJI T.V. AGED 29 YEARS S/O.TOMY GEORGE,VATTOTH HOUSE, PUNNAKUNNU P.O., KASARGODE
BY ADVS.
SRI.K.N.ABHILASH SRI.SUNIL NAIR PALAKKAT
RESPONDENT/S:
1 STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031
2 THE STATION HOUSE OFFICER VELLERIKUNDU POLICE STATION, KASARAGODE DISTRICT, PIN-671 533
3 JISNA SHIBU AGED 26 YEARS W/O.SHIBU, VATTOTH HOUSE, PUNNAKKUNNU P.O., WEST ELERI, VELLERIKUNDU, KASARAGODE, PIN-671 533
R3 BY ADV. SRI.JACOB SEBASTIAN
OTHER PRESENT:
SR.PP.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.M.C.No.4061 of 2020
ORDER
Dated this the 08th day of October , 2020
Petitioners are the accused in Crime No.329 of 2019 registered at the Vellerikundu Police Station for offences punishable under Sections 341, 323, 324, 506, 294(b), 354 r/w 34 of IPC. The de facto complainant, at whose instance the crime was registered, is arrayed as the third respondent. Annexure A2 affidavit has been filed by the third 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.
2. Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioners have no criminal antecedents.
3. Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by the third respondent, the contents of which are submitted to
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Crl.M.C.No.4061 of 2020
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 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. Annexure AI FIR and all proceedings proceedings in Crime No.329 of 2019 registered at the Vellerikundu Police Station is quashed.
Sd/V.G.ARUN JUDGE
Scl/08.10.2020
Crl.M.C.No.4061 of 2020
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE FIR NO.329/2019 DATED 10.12.2019 OF VELLERIKUNDU POLICE STATION, KASARAGODE DISTRICT
ANNEXURE A2 THE AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT DATED 25.02.2020.
1 issue framed by the court
Whether criminal proceedings should be quashed in view of the settlement of the dispute and the absence of public interest.
Colour shows how this judgement treated each authority
Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582]Referred¶30
1 provisions across 1 enactments
TOMY GEORGE VATTOTH
ROJI T.V.
STATE OF KERALA
THE STATION HOUSE OFFICER VELLERIKUNDU POLICE STATION, KASARAGODE DISTRICT
JISNA SHIBU
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
