Allowed

Ujesh.C. v. State of Kerala

Kerala HC2 Nov 2021Crl.MC/2315/2020

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition to quash the FIR and further proceedings. The court held that the disputes were purely private with no public interest, and since a settlement had been arrived at, continuation of proceedings would be an abuse of process of the court.

What did the court decide?

Quashing of Annexure-A1 FIR and all further proceedings against the petitioners in Crime No.52/2020 of Chakkarakkallu Police Station.

Ujesh.C. Vs State of Kerala — Domestic Violence | 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 MRS. JUSTICE M.R.ANITHA

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TUESDAY, THE 2^ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943

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CRL.MC NO. 2315 OF 2020

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( CRIME NO.52/2020 OF CHAKKARAKKALLU POLICE STATION, KANNUR DISTRICT)

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PETITIONERS/ACCUSED:

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1 UJESH.C., AGED 31 YEARS S/O.UTHAMAN, CHALIL HOUSE, P.O.KANHIRODE, KANNUR DISTRICT-670592. 2 SHIJIL K.K., AGED 26 YEARS

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S/O.SARATHCHANDRAN, KAPPADANKANDY HOUSE, P.O.MOWENCHERRY, KANNUR DISTRICT-670613. BY ADVS. M.SASINDRAN P.K.SUBHASH

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RESPONDENTS/COMPLAINANT & STATE:

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

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2 SHYNI.K.V., AGED 36 YEARS W/O.AJITH, CHALIL HOUSE, THALAMUNDA P.O., KANHIRODE, KANNUR DISTRICT-670001.

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BY ADV S.R.SREEJITH

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PP SANGEETHARAJ N.R

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Cr.M.C.No.2315 of 2020

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ORDER

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Dated this the 2^nd day of November, 2021

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Petitioners are the accused in Crime No.52/2020 of Chakkarakkallu Police Station, Kannur District, the offence registered under Sections 448, 427, 294(b), 354, 323 r/w Section 34 of IPC. This Crl.M.C. has been filed seeking to quash the Annexure-A1 FIR and all further proceedings in the above crime.

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Annexure-A1 is the certified copy of the FIR. Annexure-A2 is the affidavit duly sworn in by the defacto complainant .

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Adv.Sri.S.R.Sreejith, appeared on behalf of the defacto complainant. The learned counsel for the defcto complainant reports about the settlement arrived at between the parties.

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The learned Public Prosecutor produced the copy of the report of the SHO along with copy of the statement of the defacto complainant and also CW2.

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In the affidavit as well as the statement given to the Investigating Officer, 2^nd respondent/defacto complainant categorically stated about the settlement arrived at between the parties. She has no further grievance against the petitioners. The

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Cr.M.C.No.2315 of 2020

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entire issues between the parties are purely private in nature and no public interest is involved. So, continuation of the proceedings against the petitioners would be an abuse of process court. Hence, I don’t find any impediment in quashing the proceedings against the petitioners in the above crime.

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In the result, Crl.M.C. allowed, quashing Annexure-A1 FIR and all further proceedings against the petitioners in Crime No.52/2020 of Chakkarakkallu Police Station.

Sd/-

M.R.ANITHA

JUDGE

SMF

Cr.M.C.No.2315 of 2020

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APPENDIX OF CRL.MC 2315/2020

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PETITIONERS' ANNEXURE

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ANNEXURE AI A TRUE COPY OF THE FIR IN CRIME NO.52/2020 OF CHAKKARAKKAL POLICE STATION, KANNUR DISTRICT. ANNEXURE AII A TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT ENDORSING THE FACTUM OF COMPOUNDING OF THE ABOVE SAID OFFENCES AND THE SETTLEMENT OF DISPUTES BETWEEN THE PARTIES.

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//TRUE COPY// PA TO JUDGE

Ujesh.C. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ujesh.C. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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