Allowed

Yusaf P.A. v. State of Kerala

Kerala HC12 Mar 2021Crl.MC/316/2021

Case brief

AI extract

What is this about?

The High Court of Kerala, Ernakulam quashed criminal proceedings by Crl.MC.No.316 of 2021 regarding offences under IPC 294(b) and 323. The quashing was granted after the de facto complainant filed an affidavit stating the dispute was amicably resolved and no public interest was involved.

What did the court decide?

Quashing of Crl.M.C.No.316 of 2021, Annexure-A FIR/FIS, and further proceedings in Crime No.2825/2020 of Moovattupuzha Police Station.

Yusaf P.A. 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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FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942

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Crl.MC.No.316 OF 2021(H)

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CRIME NO.2825/2020 OF MULANTHURUTHY POLICE STATION, ERNAKULAM

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PETITIONER/ACCUSED:

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YUSAF P.A. AGED 50 YEARS S/O. ABOOBAKCER, PARACKAKUDIYIL HOUSE, PERUMATTOM KARA, PUTHUPADY P.O. VELLROKUNNAM VILLAGE, 686 673.

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BY ADV. SRI.AJEESH M UMMER

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RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

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

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2 ALI

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AGED 40 YEARS S/O. BAVU, PADINJATTIKUDY HOSE, PERUMATTOM LAKSHAM VEEDU COLONY, PERUMATTOM KARA, VELLORKUNNAM VILLAGE, ERNAKULAM DISTRICT 686 673.

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R2 BY ADV. SIKHA G.NAIR

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OTHER PRESENT:

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PP T.R.RENJITH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.M.C.NO.316 OF 2021

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O R D E R

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Dated this the 12^th day of March 2021

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Petitioner is the accused in Crime No.2825/2020 registered at the Moovattupuzha Police Station, for offences punishable under Sections 294(b) & 323 of I.P.C., now pending before the Judicial First Class Magistrate Court-I, Moovattupuzha. The de facto complainant, at whose instance the crime was registered is arrayed as the 2^nd respondent, has filed Annexure-B affidavit, stating that the dispute, which was the reason for the incident and 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 injury caused and having perused the affidavit filed by the 2^nd respondent, the

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CRL.M.C.NO.316 OF 2021

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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

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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-A First Information Report & Final Report and further proceedings in Crime No.2825/2020 of Moovattupuzha Police Station, pending before the Judicial First Class Magistrate Court-I, Moovattupuzha are quashed.

Sd/-

V.G.ARUN

JUDGE

NB/12.03.2021

CRL.M.C.NO.316 OF 2021

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE A CERTIFIED COPY OF THE F.I.R. AND F.I.S. CRIME NO. 2825/2020 OF MOOVATTUPUZHA POLICE STATION.

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ANNEXURE B AFFIDAVIT SWORN BY THE 2ND RESPONDENT.

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RESPONDENT'S EXHIBITS: NIL

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TRUE COPY P.A. TO JUDGE

Yusaf P.A. v. State of Kerala

Case brief

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Yusaf P.A. v. State of Kerala

Case brief

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