Allowed

Chakrapani v. the State of Kerala

Kerala HC16 Dec 2020Crl.MC/736/2020

Case brief

AI extract

What is this about?

This Crl.M.C allowed quashing of Criminal Court proceedings against the accused. The court relied on the settling respondent's affidavit and the lack of public interest to find no impediment under Supreme Court precedents to stop the abuse of process.

What did the court decide?

Criminal proceedings in C.C. No. 71 of 2019 on the files of the Judicial First Class Magistrate Court - II, Alappuzha are quashed.

Chakrapani Vs the State of Kerala — Quashing and FIR | 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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WEDNESDAY, THE 16TH DAY OF DECEMBER 2020 / 25TH AGRAHAYANA, 1942

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Crl.MC.No.736 OF 2020(B)

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AGAINST THE ORDER/JUDGMENT IN CC 71/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II(MOBILE),ALAPPUZHA

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CRIME NO.901/2015 OF Mararikulam Police Station , Alappuzha

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PETITIONER/ACCUSED:

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CHAKRAPANI, AGED 70 YEARS, S/O. VASU, KUTTUGAL HOUSE, MARARIKKULAM NORTH, WARD NO.4, ALAPPUZHA DISTRICT - 688 544.

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BY ADVS.

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SRI. K. M. FIROZ SMT. M. SHAJNA

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RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

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

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2 SUB INSPECTOR OF POLICE, MARARIKKULAM POLICE STATION, ALAPPUZHA DISTRICT, PIN - 688 001.

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3 MANIYAMMA, AGED 68 YEARS, W/O. RAGHAVA KURUP, PADINJAREKONATTU VEEDU, MARARIKULAM NORTH, WARD NO.4, ALAPPUZHA DISTRICT - 688 544.

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R3 - SRI. M. H. SALIM SMT. SREEJA V., PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.736 OF 2020

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ORDER

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Dated this the 16th day of December 2020

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Petitioner is the accused in Crime No.901 of 2015 registered at Mararikkulam Police Station, Alappuzha District for offences punishable under Sections 354 A (ii), 447 and 509 of I.P.C, now pending as C.C. No.71 of 2019 on the files of the Judicial First Class Magistrate Court - II, Alappuzha. The defacto compla inant, at whose instance the crime was registered, is arrayed as the 3^rd respondent. Annexure – A2 affidavit has been filed by the 3^rd 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.

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Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioner has 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

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Crl.MC.No.736 OF 2020

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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 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.71 of 2019 on the files of the Judicial First Class Magistrate Court - II, Alappuzha is quashed.

Sd/-

V.G.ARUN JUDGE

SPR

Crl.MC.No.736 OF 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 CERTIFIED COPY OF THE CHARGE SHEET FILED BY THE SECOND RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ALAPPUZHA IN CC NO.71/2019.

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ANNEXURE A2 AFFIDAVIT SWORN BY THE 3RD RESPONDENT.

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RESPONDENT'S/S EXHIBITS: NIL.

Chakrapani v. the State of Kerala

Case brief

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Chakrapani v. the State of Kerala

Case brief

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