High Court of Kerala quashed FIR No.2758/2020 in a criminal case involving IPC offences, holding that since the dispute was settled and no public interest remained, continuance of proceedings would amount to an abuse of process.
Crl.MC allowed; Annexure A1 FIR and further proceedings in Crime No. 2758/2020 quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.MC.264/21
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942
Crl.MC.No.264 OF 2021(C)
CRIME NO.2758/2020 OF Koipuram Police Station , Pathanamthitta
PETITIONER/S:
1 SUDEEP, AGED 41 YEARS S/O.MOHANAN, MULLASSERIL HOUSE, KURUNGAZHA P.O., PULLAD, PATHANAMTHITTA-689548.
2 AJITH UTHAMAN, AGED 33 YEARS S/O.UTHAMAN NAIR, R/AT NELLIMOOTTIL HOUSE, THADIYOOR P.O., THIRUVALLA, AYROOR, KOLABHAGOM, PATHANAMTHITTA-689545.
3 VISHNU.N., AGED 28 YEARS S/O.NARAYAN NAIR, PEKKAVUANGAL HOUSE, KURAVANKUZHY P.O., PULLAD, KOIPURAM, PATHANAMTHITTA, PULLAD689548.
4 SUDHEENDRAN KUMAR, AGED 42 YEARS S/O.MADAVA PANICKER, SREENARAYANAPURAM, KURAVANKUZHY P.O., PULLAD, PATHANAMTHITTA-689548.
BY ADV. SRI.M.R.SASITH
RESPONDENT/S:
Crl.MC.264/21
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R2 BY ADV. VIDYA G NAIR
OTHER PRESENT:
PP T.R.RENJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.264/21
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V.G.ARUN, J.
CRL.M.C.No. 264 of 2021
Dated this the 4th day of March, 2021
O R D E R
Petitioners are the accused in Crime No. 2758 of 2020 registered at the Koipuram Police Station for offences punishable under Sections 143, 147, 148, 149, 294(b), 326, 324 and 323 of IPC. The de facto complainant, at whose instance the crime was registered, is arrayed as the 2nd respondent. Annexure A2 affidavit has been filed by 2nd respondent stating that the dispute, which led to registration of the crime, has been settled amicably and that he has no subsisting grievance in the matter.
Crl.MC.264/21
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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.
In the result, this Crl.M.C is allowed. Annexure A1 FIR and further proceedings in Crime No. 2758 of 2020 of the Koipuram Police Station is quashed.
Sd/- V.G.ARUN, JUDGE
vgs
Crl.MC.264/21
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF FIR NO.2758/2020 OF KOIPURAM POLICE STATION, PATHANAMTHITTA. ANNEXURE A2 CERTIFIED COPY OF AFFIDAVIT SWORN BY THE 2ND RESPONDENT.
2 issues framed by the court
Whether criminal proceedings can be quashed when the dispute leading to the FIR has been settled amicably?
Whether continuance of criminal proceedings in the face of private settlement constitutes an abuse of process of court?
Colour shows how this judgement treated each authority
Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582]Explained¶33
2 provisions across 1 enactments
Sudeep
Ajith Uthaman
Vishnu.N.
Sudheendran Kumar
Alan Varghese
State of Kerala
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
V.G. Arun
Parties & counsel
