Allowed

Muhammed Kunhi K.P. v. State of Kerala

Kerala HC17 Mar 2021Crl.MC/987/2021

Case brief

AI extract

What is this about?

The Kerala High Court allowed a criminal miscellaneous petition to quash criminal proceedings regarding offences punishable under Sections 457 and 380 of the IPC. The court relied on the assurance from the de facto complainant that the dispute was amicably resolved and found no public interest involved.

What did the court decide?

Annexure A1 First Information Report and further proceedings in Crime No.889/2018 of Hosdurg Police Station, Kasargod were quashed.

Muhammed Kunhi K.P. 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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WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942

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Crl.MC.No.987 OF 2021(C)

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CRIME NO.889/2018 OF HOSDURG POLICE STATION, KASARGOD

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PETITIONER/ACCUSED:

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MUHAMMED KUNHI K.P. AGED 38 YEARS S/O ANDHUMAYI K P, KUSHAL NAGAR, HOSDURG, KASARGOD.

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BY ADVS. SRI.RAHUL SASI SMT.NEETHU PREM VIVEK P.K.

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RESPONDENTS/STATE & COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2 RAVEENDRAN P AGED 55 YEARS S/O KUNHIRAMAN, ABI NIVAS, KOZHAKKUND P O, BALLA VILLAGE, HOSDURG, KASARGOD -671315.

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R2 BY ADV. T.K.ASHOKAN

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OTHER PRESENT:

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PP MAYA M.N.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.M.C.NO.987 OF 2021

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O R D E R

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Dated this the 17^th day of March 2021

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Petitioner is the accused in Crime No.889/2018 registered at the Hosdurg Police Station, Kasargod for offences punishable under Sections 457 and 380 of IPC, now pending as S.C.No.916/2016 on the files of Judicial First Class Magistrate Court, Punalur. The de facto complainant, at whose instance the crime was registered is arrayed as the 2^nd respondent and has filed Annexure-A3 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 grievance caused and having

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CRL.M.C.NO.987 OF 2021

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perused the affidavit filed by the 2^nd respondent, the 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 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. AnnexureA1 First Information Report and further proceedings in Crime No.889/2018 of Hosdurg Police Station,

Kasargod is quashed.

Sd/-

V.G.ARUN

JUDGE

NB/17.03.2021

CRL.M.C.NO.987 OF 2021

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE-A1 THE CERTIFIED COPY OF THE FIR IN CRIME NO. 889 OF 2018 OF HOSDURG POLICE STATION.

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ANNEXURE-A2 THE CERTIFIED COPY OF THE ADDITIONAL REPORT FILED BY THE INVESTIGATION OFFICER.

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ANNEXURE-A3 AFFIDAVIT DATED 16.02.2021 SUBMITTED BY 2ND RESPONDENT/DE-FACTO COMPLAINANT.

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RESPONDENT'S EXHIBITS: NIL

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TRUE COPY P.A. TO JUDGE

Muhammed Kunhi K.P. v. State of Kerala

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Muhammed Kunhi K.P. v. State of Kerala

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