Allowed

Anish, v. State of Kerala

Kerala HC16 Sept 2020Crl.MC/860/2020

Case brief

AI extract

What is this about?

In Crl.M.C.No.860 of 2020, the Kerala High Court allowed the petition to quash criminal proceedings under IPC Sections 143, 147, 148, 149, 323, and 324 pending before the Magistrate of Attingal. The court relied on the settlement affidavit and relied on Madan Mohan Abbot and Gian Singh, noting the abuse of process if continued.

What did the court decide?

Crl.M.C.No.860 of 2020 allowed; proceedings in C.C.No.14 of 2012 on the files of the Judicial First Class Magistrate Court-II, Attingal are quashed.

Anish, Vs 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 SEPTEMBER 2020 / 25TH BHADRA, 1942

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Crl.MC.No.860 OF 2020(F)

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CC 14/2012 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,ATTINGAL

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CRIME NO.684/2011 OF Kazhakkuttom Police Station , Thiruvananthapuram

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PETITIONER/S:

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1 ANISH, AGED 29 YEARS S/O. SUNIL, PUTHUKKARI SREEMOOLATHIL HOUSE, SHAARKKARA DESAM, CHIRAYINKEEZHU VILLAGE, THIRUVANANTHAPURAM.

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2 SANTHOSH, AGED 28 YEARS VELIKKAKAM VEETTIL, MUDAPURAM DESAM, CHIRAYINKEEZHU VILLAGE, THIRUVANANTHAPURAM.

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BY ADV. SRI.T.KABIL CHANDRAN

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY CIRCLE, INSPECTOR, KAZHAKOOTTAM POLICE STATION, THIRUVANANTHAPURAM, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 682 031.

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2 ARUN ASHOK S/O. ASHOKAN, NARIKKAL PUTHEN VEEDU, KATTAYIKKONAM, AYIROOPARA VILLAGE, THIRUVANANTHAPURAM 695 301.

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R2 BY ADV. LENIN P. SUKUMARAN

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OTHER PRESENT:

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PP M.K.PUSHPALATHA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

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16.09.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.860 of 2020

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ORDER

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Dated this the 16^th day of September , 2020

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Petitioners are the accused in Crime No.684 of 2011 registered at the Kazhakuttam Police Station for offences punishable under Sections 143, 147, 148, 149, 323 and 324 of IPC, now pending as C.C.No.14 of 2012 on the files of the Judicial First Class Magistrate Court-II, Attingal. The de

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facto complainant, at whose instance the crime was registered, is arrayed as the second respondent. Annexure A3 affidavit has been filed by the second respondent stating that the dispute, which led to registration of the crime, has been settled amicably and he has no subsisting grievance against the petitioners.

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2. Heard the learned Public Prosecutor also,

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who, on instructions, submits that the petitioners have no criminal antecedents.

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Crl.M.C.No.860 of 2020

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3. Having considered the gravity of the

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offences alleged, nature of the injury caused and having perused the affidavit filed by the second respondent, the contents of which are submitted to be true and voluntary, I am satisfied that the

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matter has been amicably settled and that no public interest is involved in this matter. Moreover, in view of the settlement arrived at

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between the parties, there is no possibility of the criminal proceedings ending in conviction. As such, continuance of the proceedings will amount

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to an abuse of process of court and hence, in view

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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.

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In the result, this Crl.M.C is allowed. The

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Crl.M.C.No.860 of 2020

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proceedings in C.C.No.14 of 2012 on the files of the Judicial First Class Magistrate Court-II, Attingal is quashed.

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Sd/V.G.ARUN JUDGE

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Scl/16.09.2020

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Crl.M.C.No.860 of 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO. 684/2011 OF KAZHAKOOTTAM POLICE STATION.

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ANNEXURE A2 THE TRUE COPY OF THE FINAL REPORT IN CC NO. 14/2012 PENDING ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT II, ATTINGAL.

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ANNEXURE A3 AFFIDAVIT FILED BY THE 2ND RESPONDENT.

Anish, v. State of Kerala

Case brief

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What did the court decide?

Anish, v. State of Kerala

Case brief

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