Allowed

Vishnu v. State of Keral

Kerala HC5 Mar 2021Crl.MC/205/2021

Case brief

AI extract

What is this about?

The Court quashed the FIR and criminal proceedings in Crime No.2881 of 2020 against the sole accused. Relying on Supreme Court precedents, the Court held that since the dispute was settled amicably and no public interest remained, continuing proceedings would constitute an abuse of process of court.

What did the court decide?

This Criminal Misc. Case is allowed; Annexure A1 FIR and all proceedings in Crime No. 2881 of 2020 of Kallambalam Police Station are quashed.

Vishnu Vs State of Keral — 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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FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942

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Crl.MC.No.205 OF 2021(E)

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CRIME NO.2881/2020 OF Kallambalam Police Station , Thiruvananthapuram

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PETITIONER/S:

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VISHNU AGED 32 YEARS S/O MOHANAN NAIR,VISHNU BHAVAN, NEAR PATTALMUKKU MARKET,NAVAIKULAM, KALLAMBALAM,THIRUVANANTHAPURAM-695605.

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BY ADV. SRI.M.R.SARIN

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RESPONDENT/S:

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1 STATE OF KERAL REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM,PIN-682031.

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2 RIYAS

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S/O KAREEM,NIHAS MANZIL,AALUMKUNNU, NAVAIKULAM,KALLAMBALAM, THIRUVANANTHAPURAM-695605.

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3 THE SUB- INSPECTOR, KALLAMBALAM POLICE STATION, THIRUVANANTHAPURAM-695611.

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R2 BY ADV. SHRI.M.DINESH

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OTHER PRESENT:

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SR.PP.C.S.HRITHWIK;PP MAYA M.N

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.03.2021, ALONG WITH Crl.MC.338/2021(B), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.205 OF 2021(E)

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O R D E R

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Dated this the 5^th day of March, 2021

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Petitioner is the sole accused in Crime No.2881 of 2020 registered at the Kallambalam Police Station for offences punishable under Sections 324, 308 of IPC. The de facto complainant, at whose instance the crime was registered is arrayed as the 2^nd respondent. Annexure A2 affidavit has been filed by the 2^nd respondent stating that the dispute, which led to registration of the crime, has been settled amicably and he 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 2^nd respondent, the 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

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Crl.MC.No.205 OF 2021(E)

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[(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 all proceedings in Crime No. 2881 of 2020 of Kallambalam Police Station is quashed.

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Sd/V.G ARUN JUDGE

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Crl.MC.No.205 OF 2021(E)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 CERTIFIED COPY OF FIR NO.2881/2020 OF KALLAMBALAM POLICE STATION,THIRUVANANTHAPURAM. ANNEXURE A2 CERTIFIED COPY OF AFFIDAVIT SWORN BY THE 2ND RESPONDENT.

Vishnu v. State of Keral

Case brief

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Vishnu v. State of Keral

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