Allowed

Sreedharan Ambliyadan v. State of Kerala

Kerala HC16 Nov 2020Crl.MC/4586/2020

Case brief

AI extract

What is this about?

Court quashed the FIR and criminal proceedings for theft under Section 379 IPC upon the filing of an affidavit stating that the disputed matter between the parties had been amicably resolved, citing Supreme Court precedents against abuse of process after settlement.

What did the court decide?

Annexure-A1 FIR and the proceedings in Crime No.758/2019 registered at the Iritty Police Station were quashed.

Sreedharan Ambliyadan Vs State of Kerala — Cheating and Forgery | 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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MONDAY, THE 16TH DAY OF NOVEMBER 2020 / 25TH KARTHIKA, 1942

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Crl.MC.No.4586 OF 2020(C)

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CRIME NO.758/2019 OF Iritty Police Station , Kannur

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PETITIONER/S:

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1 SREEDHARAN AMBLIYADAN AGED 67 YEARS S/O. NARAYANAN NAMBIAR, SREESHA NIVAS, PAYAM EAST, IRITTY, KANNUR

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2 ANOOP KUMAR AMBILIYADAN, AGED 32 YEARS

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S/O. BHARGAVI, KALLIPARAMBIL HOUSE, PAYAM EAST, IRITTY, KANNUR

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BY ADVS. SRI.P.C.ANIL KUMAR SRI.MANU.M.THOMAS

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031

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2 ANIL KUMAR

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S/.O. BHARGAVI, S/O. BHARGAVI, AMBILIYADAN HOUSE, YASHIKA HOUSE, PERUVATTOOR, PANTHALAYANI, KOYILANDY P.O. KOZHIKODE.

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R2 BY ADV. HARIDAS K.P.

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OTHER PRESENT:

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PP RAMESH CHAND

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.4586 OF 2020(C) ..2..

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ORDER

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Dated this the 16th day of November 2020

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Petitioners are the accused in Crime No.758/2019 registered at the Iritty Police Station for the offence punishable under Section 379 of IPC. The de facto complainant, at whose instance the crime was registered, is arrayed as the 2^nd respondent. AnnexureA2 affidavit has been filed by 2^nd respondent stating that the dispute among the siblings, which was the reason for the incident and registration of the crime, has been resolved amicably and he has no subsisting grievance against the petitioners.

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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 2^nd respondent, the

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Crl.MC.No.4586 OF 2020(C) ..3..

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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.

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In the result, this Crl.M.C is allowed. Annexure-A1 FIR and the proceedings in Crime No.758/2019 registered at the Iritty Police Station is quashed

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Sd/V.G.ARUN JUDGE

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SB/16/11/2020

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Crl.MC.No.4586 OF 2020(C) ..4..

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 A TRUE COPY OF THE FIR NO 758/2019 DATED 23-11-2019 OF IRITTY POLICE STATION, KANNUR

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ANNEXURE A2 AFFIDAVIT DATED 07-10-2020 SIGNED BY THE 2ND RESPONDENT.

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//true copy// P.A to Judge

Sreedharan Ambliyadan v. State of Kerala

Case brief

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Sreedharan Ambliyadan v. State of Kerala

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