Allowed

Vineesh v. State of Kerala

Kerala HC22 Jun 2022Crl.MC/154/2022

Case brief

AI extract

What is this about?

The Kerala High Court quashed criminal proceedings against two petitioners accused of assaulting a respondent. The court relied on Supreme Court principles stating private disputes can be summarily tried or quashed post-mediation settlement, noting the respondent had no subsisting grievance.

What did the court decide?

The FIR (Annexure A) and all further proceedings against petitioners were quashed.

Vineesh Vs State of Kerala — Quashing and FIR | Kerala HC (2022)

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Crl.M.C.No.154/22

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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 ZIYAD RAHMAN A.A.

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WEDNESDAY, THE 22^ND DAY OF JUNE 2022 / 1ST ASHADHA, 1944

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CRL.MC NO. 154 OF 2022

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PETITIONERS/ACCUSED NO.1 AND 2:

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1 VINEESH, AGED 28 YEARS, S/O.VARGHESE, KALATHIL VEEDU, KANCHAMPAZHANJI P.O., POOVAR VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM – 695 525.

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2 VINEETH, AGED 26 YEARS, S/O.VARGHESE, KALATHIL VEEDU, KANCHAMPAZHANJI P.O., POOVAR VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM – 695 525.

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BY ADV AJITH KRISHNAN

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RESPONDENTS/STATE & COMPLAINANT:

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

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2 SASI, AGED 62 YEARS, S/O.PONNAN, GREENALAND, AAYIRUMTHAI DESOM, KANCHAMPAZHANJI P. O., POOVAR VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM – 695 525.

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BY ADV S.MOHAMMED AL RAFI

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SRI.C.S HRITHWIK SR.PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.M.C.No.154/22

O R D E R

The petitioners are the accused in Crime No.1640/21 of Poovar Police Station, which was registered for the offences punishable under Sections 341, 294(b), 323, 324, 427 read with Section 34 IPC.

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The prosecution case is that, on 22.07.2021 at 6.30 pm, the petitioner wrongfully restrained the 2^nd respondent, abused him and assaulted him. Annexure-A is the FIR submitted by the police. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure-A.

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Heard Sri.Ajith Krishnan, learned counsel for the petitioners, Sri.C.S.Hrithwik, learned Public Prosecutor for the State and Sri.S.Mohammed Al Rafi, learned counsel for the 2^nd respondent.

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During the pendency of this Crl. M.C. mediation was conducted between the parties, and as part of the same, the petitioners and the 2nd respondent appeared before the High Court Mediation Centre on 15.06.2022. During the course of mediation, the parties expressed their willingness to settle the matter, and a memorandum of settlement was also entered into between them. The mediator submitted a report along with the aforesaid

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Crl.M.C.No.154/22

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memorandum of settlement, wherein the 2^nd respondent had conveyed his no objection in quashing the prosecution against the petitioners herein, as he has no subsisting grievance. This indicates that Annexure B affidavit sworn by the 2^nd respondent was voluntarily, and the same can be acted upon for quashing the proceedings.

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The allegations would reveal that the dispute is purely private in nature. In such circumstances, by applying the principles laid down by the Honourable Supreme Court in Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303] , proceedings can be quashed by invoking the powers of this Court under Section 482 Cr.P.C. This is mainly because, on account of the settlement, no fruitful purpose would be served by allowing the prosecution to continue.

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In the result, this Crl. M.C. is allowed, and Annexure-A FIR submitted in Crime No.1640 of 2021 of Poovar Police Station, and all further proceedings against the petitioners are hereby quashed.

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Sd/-

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ZIYAD RAHMAN A.A. JUDGE

DG/23.6.22

Crl.M.C.No.154/22

APPENDIX OF CRL.MC 154/2022

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PETITIONER ANNEXURES

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Annexure A CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.1640/2021 OF POOVAR POLICE STATION. Annexure B NOTARIZED AFFIDAVIT SWORN BY THE 2ND RESPONDENT.

Vineesh v. State of Kerala

Case brief

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Vineesh v. State of Kerala

Case brief

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