Sunil v. State of Kerala
Case brief
What is this about?
High Court quashed FIR alleging IPC offences as dispute settled. Court held continued prosecution amounts to abuse of process under Madan Mohan Abbot and Gian Singh precedents.
What did the court decide?
Quashed further proceedings in Crime No.1276/2020 of Koyilandy Police Station, Kozhikode District.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942
Crl.MC.No.37 OF 2021(D)
CRIME NO.1276/2020 OF Koyilandy Police Station, Kozhikode
PETITIONERS:
1 SUNIL AGED 50 YEARS
S/O.NARAYANAN, NORMI NILAYAM, PERUVATTTUR (P.O.), KOYILANDY, KOZHIKODE (DIST.), PIN-673620.
2 SATHYAN,
AGED 45 YEARS
S/O. NANU, KUNHIKKALAM, PERUVATTTUR (P.O.), KOYILANDY, KOZHIKODE (DIST.), PIN-673620.
Issues for consideration
2 issues framed by the court
Whether continuation of criminal proceedings constitutes an abuse of process of court given the post-facto settlement between the parties.
Whether the petitioner accused is entitled to quashing of criminal proceedings based on the Public Prosecutor's satisfaction of settlement.
Parties & counsel
- petitioner
SUNIL
- petitioner
SATHYAN
- respondent
STATE OF KERALA
- respondent
JAYACHANDRAN
- respondent
VISHNU
- respondent
Case details
As recorded by the court registry
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