Allowed

Nasheed.M v. State of Kerala

Kerala HC18 Mar 2021Crl.MC/1287/2021

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition and quashed the FIR related to offences under Sections 381 and 457 of the IPC. Relying on Supreme Court precedents, the Court held that since the dispute was settled and no public interest was involved, continuance of proceedings would amount to an abuse of process of court.

What did the court decide?

This Crl.M.C is allowed. Annexure-A1 First Information Report and further proceedings in Crime No.169/2021 of Ernakulam Central Police Station is quashed.

Nasheed.M Vs State of Kerala — Quashing and FIR | Kerala HC (2021)

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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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THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942

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Crl.MC.No.1287 OF 2021(A)

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CRIME NO.169/2021 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM

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PETITIONER/ACCUSED:

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NASHEED.M AGED 29 YEARS S/O BASHEER K.P, KARUVARATH (H), POYANAD, MAMBARAM P.O.PINARAYI, KANNUR, PIN-670 741.

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BY ADV. SMT.K.REEHA KHADER

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RESPONDENTS/STATE/DEFACTO COMPLAINANT:

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

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2 MUHAMMAD K.C AGED 28 YEARS S/O IBRAHIM IYSHA MANSIL, KARUKAPPILLI KARA, DESHABHIMANI ROAD, ELAMKULAM, ERNAKULAM CITY.

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R2 BY ADV. MOHAMMED ASLAM P.S

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OTHER PRESENT:

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PP MAYA M.N.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.M.C.NO.1287 OF 2021

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O R D E R

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Dated this the 18^th day of March 2021

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Petitioner is the sole accused in Crime No.169/2021 registered at the Ernakulam Central Police Station, Ernakulam City for offences punishable under Sections 381 & 457 of the IPC. The de facto complainant, at whose instance the crime was registered, arrayed as the 2^nd respondent, has filed Annexure-A2 affidavit stating that the dispute, which was the reason for the complaint leading to registration of the crime, has been resolved amicably and he has no subsisting grievance against the petitioner.

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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 grievance and having perused the affidavit filed by the 2^nd respondent, the contents of which are submitted to be true and voluntary, I am satisfied that

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CRL.M.C.NO.1287 OF 2021

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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

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Supreme Court in Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] and Gian Singh v. State of

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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 First Information Report and further proceedings in Crime No.169/2021 of Ernakulam Central Police Station is quashed.

Sd/-

V.G.ARUN

JUDGE

NB/18.03.2021

CRL.M.C.NO.1287 OF 2021

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE A1 THE TRUE COPY OF THE FIR IN CRIME NO 169/2021 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM DISTRICT

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ANNEXURE A2 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT

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RESPONDENT'S EXHIBITS: NIL

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TRUE COPY P.A. TO JUDGE

Nasheed.M v. State of Kerala

Case brief

What is this about?

What did the court decide?

Nasheed.M v. State of Kerala

Case brief

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