Allowed

Raveendran Nair v. State of Kerala through the Station House Officer

Kerala HC24 Mar 2021Crl.MC/731/2021

Case brief

AI extract

What is this about?

The Court quashed an FIR under Sections 143, 147, 149, 188, and 427 of the IPC and all subsequent proceedings against the petitioner. The judgment relied on an affidavit showing an amicable settlement and cited Supreme Court precedents to rule that continued proceedings would amount to an abuse of process.

What did the court decide?

Annexure-AI FIR and all proceedings in Crime No.799/2019 are quashed.

Raveendran Nair Vs State of Kerala through the Station House… — 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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WEDNESDAY, THE 24TH DAY OF MARCH 2021/3RD CHAITHRA, 1943

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Crl.M.C.No.731 OF 2021(B)

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(TO QUASH ANNEXURE-I FIR AND ALL FURTHER PROCEEDINGS AGAINST THE PETITIONER IN CRIME NO.799/2019 OF VILAPPILSALA POLICE STATION, THIRUVANANTHAPURAM)

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PETITIONER:

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RAVEENDRAN NAIR, AGED 71 YEARS, S/O.VELAYUDHEEN, ANASWARA, KOLLAMKONAM, PUNNATHANAM MURI, VILAPPILSALA VILLAGE, VILAPPILSALA, THIRUVANANTHAPURAM, PIN-695 573.

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BY ADV. SRI.SAMPATH V. TOMS

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RESPONDENTS:

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1 STATE OF KERALA THROUGH THE STATION HOUSE OFFICER, VILAPPILSALA POLICE STATION(CRIME NO.799 OF 2019), THIRUVANANTHAPURAM RURAL,

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REPRESENTED BY THE PUBLIC PROSECUTOR,

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HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.

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2 ANSAR @ ANSARI, AGED 72 YEARS, S/O.YOUSUF, ANVAR MANSIL, NEAR SNDP KOLLAMKONAM, KOLLAMKONAM WARD, VILAPPIL VILLAGE, KATTAKADA TALUK, THIRUVANANTHAPURAM, PIN-695 572.

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3 ANWAR, AGED 40 YEARS, S/O.ANSAR, ANVAR MANSIL, NEAR SNDP KOLLAMKONAM, KOLLAMKONAM WARD, VILAPPIL VILLAGE,

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KATTAKADA TALUK, THIRUVANANTHAPURAM, PIN-695 572.

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R2-3 BY ADV. AMBROSE JUDE DCRUZ

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OTHER PRESENT:

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SENIOR PUBLIC PROSECUTOR, SRI.C.S.HRITHWIK

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.731 OF 2021(B)

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O R D E R

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Petitioner is the accused in Crime

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No.799/2019 registered at the Vilappilsala Police Station for offences punishable under Sections 143, 147, 149, 188 and 427 of IPC. The

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de facto complainants and the injured are arrayed as 2^nd and 3^rd respondents. Annexure-AII and AIII affidavits have been filed by those respondents stating that the dispute, which led to registration of the crime, has been settled amicably and they have no subsisting grievance in the matter.

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Heard the learned Public Prosecutor

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also, who, on instructions, submits that the

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petitioner has no criminal antecedents.

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Having considered the gravity of the

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offences alleged, and having perused the

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affidavit filed by the petitioner/accused, the contents of which are submitted to be true and

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Crl.M.C.No.731 OF 2021(B)

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voluntary, I am satisfied that the dispute is settled and that 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 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-AI FIR and all proceedings in Crime No.799/2019 is quashed.

Sd/-

V.G.ARUN

JUDGE

Crl.M.C.No.731 OF 2021(B)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE-1	TRUE COPY OF	THE F	IRST INFORMATION REPORT
	DATED 25.12.2	019 IN	CRIME NO. 799 OF 2019
	OF THE VIL THIRUVANANTHPU	APPILS RAM.	ALA POLICE STATION,
ANNEXURE-II	THE AFFIDAVIT	SWORN	BY THE 2ND RESPONDENT
	(IN ORIGINAL)	DATED	13.01.2021.
ANNEXURE-III	THE AFFIDAVIT	SWORN	BY THE 3RD RESPONDENT
	(IN ORIGINAL)	DATED	13.01.2021.

Raveendran Nair v. State of Kerala through the Station House Officer

Case brief

What is this about?

What did the court decide?

Raveendran Nair v. State of Kerala through the Station House Officer

Case brief

What is this about?

What did the court decide?

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