Allowed

Siddharth Suresh, v. State of Kerala

Kerala HC9 Mar 2021Crl.MC/719/2021

Case brief

AI extract

What is this about?

The High Court allowed a Criminal Miscellaneous petition and quashed criminal proceedings pending against the petitioner. The court was satisfied that the dispute was settled amicably by an affidavit from the de facto complainant, rendering the prima facie public interest involved remote.

What did the court decide?

Crl.M.C.No.719 of 2021 allowed and proceedings in C.C.No.1325 of 2017 quashed.

Siddharth Suresh, 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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TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942

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Crl.MC.No.719 OF 2021(H)

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CC 1325/2017 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE , ERNAKULAM

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CRIME NO.757/2017 OF Ernakulam Town North Police Station , Ernakulam

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PETITIONER/S:

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SIDDHARTH SURESH, AGED 21 YEARS S/O. SURESH METHIL, STUDENT 4 BI, STAR PARK, PONNURUNNI, VYTTILA, ERNAKULAM 682 020.

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BY ADV. SRI.MATHEW ABRAHAM (OLIYIL)

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI 31.

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2 VINOD MARCELIN S/O. MARCELIN, BUSINESS, CHAKKALAKKAL HOUSE, CHAMMANY LANE, KALOOR, ERNAKULAM 682 314.

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R2 BY ADV. R.REMA MENON

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OTHER PRESENT:

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R1 - SRI.T.R.RENJITH,PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION

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ON 09.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.719 of 2021

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ORDER

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Dated this the 09^th day of March , 2021

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Petitioner is the accused in Crime No.757 of 2017 registered at the Ernakulam Town North Police Station for offences punishable under Sections

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341, 323, 427, 506 (i) (ii) and 447 of IPC, now pending as C.C.No.1325 of 2017 on the files of the Additional Chief Judicial Magistrate Court,

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Ernakulam. The de facto complainant, at whose instance the crime was registered, is arrayed as the second respondent. Annexure A2 affidavit has been filed by the second respondent stating that

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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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2. Heard the learned Public Prosecutor also,

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who, on instructions, submits that the petitioner

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Crl.M.C.No.719 of 2021

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has no criminal antecedents.

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3. Having considered the gravity of the

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offences alleged, nature of the injury caused and having perused the affidavit filed by the second respondent, the contents of which are submitted to

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be true and voluntary, I am satisfied that the dispute is settled and that no public interest is involved in this matter. Moreover, in view of the

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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

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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 [(2012) 10 SCC 303], there

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is no impediment in granting the relief sought.

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In the result, this Crl.M.C is allowed. The

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Crl.M.C.No.719 of 2021

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proceedings in C.C.No.1325 of 2017 on the files of the Additional Chief Judicial Magistrate Court, Ernakulam, is quashed.

Sd/-

V.G.ARUN JUDGE

Scl/09.03.2021

Crl.M.C.No.719 of 2021

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 THE CERTIFIED COPY OF THE FINAL REPROT IN CRIME NO. 757/2017 OF TOWN NORTH POLICE STATION, ERNAKULAM.

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ANNEXURE A2 THE AFFIDAVIT DATED 3/2/21 WORN BY THE SECOND RESPONDENT ALONG WITH TRUE PHOTO COPY OF HIS ADHAR CARD ATTESTED BY NOTARY.

Siddharth Suresh, v. State of Kerala

Case brief

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Siddharth Suresh, v. State of Kerala

Case brief

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