Allowed

Akash, v. the State of Kerala

Kerala HC21 Jul 2023Crl.MC/4104/2023

Case brief

AI extract

What is this about?

High Court of Kerala in an anticipatory bail-style quashing petition allowed the relief under Section 482 Cr.P.C. based on the defacto complainant's affidavit stating the dispute is settled, holding continuation of proceedings to be futile.

What did the court decide?

All proceedings against the petitioner in Crime No.371/2023 of Kadakkavoor Police Station, Thiruvananthapuram Rural are quashed.

Akash, Vs the State of Kerala — Quashing and FIR | Kerala HC (2023)

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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 BECHU KURIAN THOMAS

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FRIDAY, THE 21ST DAY OF JULY 2023 / 30TH ASHADHA, 1945
CRL.MC NO. 4104 OF 2023

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PETITIONER/ACCUSED:

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AKASH
AGED 26 YEARS, S/O. PRAKASHAN,
KARIKKOTTU KUZHI, PUTHENVEEDU, T.B JUNCTION,
ATTINGAL P.O, THIRUVANANTHAPURAM, PIN – 695 101.

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BY ADV M.R.SARIN

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RESPONDENTS/STATE/DEFACTO COMPLAINANT:

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1THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM, PIN – 682 031.
2SARI SUNIL
AGED 25 YEARS
D/O SUNIL, SUNIL NILAYAM, KAVALAYOOR P.O,
MANAMBOOR VILLAGE, THIRUVANANTHAPURAM.
PIN – 695 144.

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BY ADV - SNEHA JOY

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PUBLIC PROSECUTOR - SRI. G SUDHEER

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.07.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C. No.4104 of 2023

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BECHU KURIAN THOMAS, J. ==================== Crl.M.C. No.4104 of 2023

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===================== Dated this the 21^st day of July, 2023

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ORDER

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Petitioner has invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against him.

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Petitioner is the sole accused in Crime No. 371/2023 of Kadakkavoor Police Station, Thiruvananthapuram Rural, registered for the offences under Sections 420 and 406 of the Indian Penal Code, 1860. 2^nd respondent is the defacto complainant.

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Heard the learned counsel for the petitioner and the learned counsel for the second respondent, apart from the learned Public Prosecutor.

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The learned counsel for the petitioner submitted that the matter has been settled and hence the proceedings against the petitioner ought to be quashed. It was also submitted that, considering the nature of offences alleged, no purpose would be served by continuing the proceedings.

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In Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303], the Apex Court has held that in appropriate cases, the High Court can take note of the amicable resolution of disputes

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Crl.M.C. No.4104 of 2023

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between the victim and the wrongdoer to put an end to the criminal proceedings. This view was reiterated in Narinder Singh and Others v. State of Punjab and Another [(2014) 6 SCC 466] and Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653].

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I have perused Annexure A2 affidavit filed by the 2^nd respondent. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavit is genuine, and the defacto complainant stands by the contents thereof. I am satisfied that the matter has been settled and no public interest is involved in this case. There is no impediment for granting the prayer for quashing. The continuance of the proceedings will only be an exercise in futility.

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Accordingly, all proceedings against the petitioner in Crime No.371/2023 of Kadakkavoor Police Station, Thiruvananthapuram Rural are quashed.

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This Crl.M.C is allowed as above.

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Sd/-

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BECHU KURIAN THOMAS

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Rvm

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Crl.M.C. No.4104 of 2023

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APPENDIX OF CRL.MC 4104/2023

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PETITIONER ANNEXURES

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Annexure A1THE CERTIFIED COPY OF THE FIR IN CRIME
NO. 371/2023 OF KADAKKAVOOR POLICE
STATION, THIRUVANANTHAPURAM RURAL DATED
21.03.2023.
Annexure A2THE AFFIDAVIT SWORN BY THE 2ND
RESPONDENT DATED 8.05.2023.

Akash, v. the State of Kerala

Case brief

What is this about?

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Akash, v. the State of Kerala

Case brief

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