Savio E.R v. State of Kerala
Case brief
What is this about?
Quashing of criminal proceedings on amicable settlement between parties; Kerala High Court Crl.M.C. allowed; offences under Sections 341, 323, 324, 326 r/w Section 34 IPC; no public interest involved; no possibility of conviction; continuance an abuse of process; reliance on Madan Mohan Abbot v State of Punjab (2008) 4 SCC 582 and Gian Singh v State of Punjab (2012) 10 SCC 303; de facto complainant's affidavit (Annexure A3) vouching settlement; Crime No.538/2019 Thadiyittaparambu Police Station; C.C. No.133/2021 JFCM Kakkanad; accused Nos.2 and 3.
What did the court decide?
Annexure A2 final report and all further proceedings in Crime No.538 of 2019 of Thadiyittaparambu Police Station, pending as C.C. No.133 of 2021 before the Judicial First Class Magistrate Court, Kakkanad, as against the petitioners (accused Nos.2 and 3), quashed.