Allowed¶38

Ashiqaskker, v. State of Kerala

Kerala HC3 Mar 2025Crl.MC/749/2025

Case brief

AI extract

What is this about?

Quashing of FIR on amicable settlement; Crl.MC 749/2025; High Court of Kerala; V.G. Arun; Crime 39/2025 Chavakkad PS; BNS 2023 Sections 126(2), 118(1), 110, 3(5); Section 528 BNSS 2023 inherent power; Madan Mohan Abbot v State of Punjab (2008) 4 SCC 582; Gian Singh v State of Punjab (2012) 10 SCC 303; settlement affidavit; abuse of process; pendency of other crimes no bar.

What did the court decide?

Quashing of Annexure 1 FIR and all further proceedings in Crime No.39 of 2025 registered at Chavakkad Police Station as against the petitioner (accused no.2). ¶38

Ashiqaskker, Vs State of Kerala — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of Annexure 1 FIR and all further proceedings in Crime No.39 of 2025 registered at Chavakkad Police Station as against the petitioner (accused no.2).

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Issue for consideration

Whether the FIR and all further proceedings in Crime No.39 of 2025 against the petitioner (accused no.2) should be quashed in view of the amicable settlement of the dispute between the parties. +1 more

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Court's answer

No public interest is involved; the dispute has been settled amicably and there is no possibility of the criminal proceedings ending in conviction; their continuance would amount to an abuse of the process of court.

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Ratio / Principle

In view of the legal position set out by the Supreme Court in Madan Mohan Abbot v State of Punjab and Gian Singh v State of Punjab and Another, there is no impediment in granting the relief of quashing.

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Key takeaways

Insofar as the dispute in the present case is settled, pendency of other crimes against the petitioner need not deter the Court from exercising the inherent power under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.ratio¶37

Detailed headnote1 paragraphs

Kerala HC (Ernakulam), single bench (V.G. Arun J), Crl.MC 749/2025, decided 03.03.2025: Quashed Annexure 1 FIR and all further proceedings in Crime No.39/2025 of Chavakkad Police Station against the petitioner (2nd accused, Ashiqaskker) under the inherent power in Section 528 BNSS 2023. The crime (offences under Sections 126(2), 118(1), 110 and 3(5) BNS 2023) alleged an assault with knife and helmet on the defacto complainant at about 03:00 a.m. on 08.01.2025. The dispute having been amicably settled, vouched by the 2nd respondent's Annexure 2 affidavit (dated 18.01.2025), the Court found no public interest involved, no possibility of conviction, and continuance an abuse of process, relying on Madan Mohan Abbot v State of Punjab [(2008) 4 SCC 582] and Gian Singh v State of Punjab and Another [(2012) 10 SCC 303]; pendency of two other crimes against the petitioner was held not to deter exercise of the inherent power where the present dispute is settled.

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2025:KER:19859

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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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MONDAY, THE 3RD DAY OF MARCH 2025 / 12TH PHALGUNA, 1946

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CRL.MC NO. 749 OF 2025

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CRIME NO.39/2025 OF Chavakkad Police Station, Thrissur

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PETITIONER/ACCUSED NO.2:

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ASHIQASKKER,
AGED 20 YEARS

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S/O ASKKER CHALIL, RESIDING AT CHALIL HOUSE, KADAPPURAM
VILLAGE, BLANGADU DESOM,CHAVAKKAD TALUK, THRISSUR
DISTRICT, PIN - 680514

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BY ADVS.
SRUTHI RAJIT
DHILSHA HABEEB

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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

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2SARATH CHANDRAN,
AGED 22 YEARS
S/O CHANDRAN, RESIDING AT THODU VEEDU HOUSE, KADAPPURAM
VILLAGE, BLANGADU DESOM,CHAVAKKAD TALUK, THRISSUR
DISTRICT, PIN - 680514

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BY ADV V.V.JOY

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SRI. M.C. ASHI, PP.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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2025:KER:19859

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Crl.M.C.No.749 of 2025

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ORDER

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Dated this the 3 rd day of March, 2025

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Petitioner is the 2^nd accused in Crime No.39 of 2025 registered at the Chavakad Police Station for offences punishable under Sections 126(2), 118(1), 110 and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023.

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The crime is registered on the allegation that at about 03:00 a.m on 08.01.2025, the accused assaulted the defacto complainant using a knife and helmet, thereby causing injuries.

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Learned Counsel for the petitioner submitted that the dispute, which led to the incident and registration of the crime, is amicably settled between the parties and Annexure 2 affidavit has been filed by the 2^nd respondent, vouching this fact.

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Crl.M.C.No.749 of 2025

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2025:KER:19859

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Learned Counsel for the 2^nd respondent also

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submitted that the dispute is settled and his client has no grievance against the petitioner.

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Learned Public Prosecutor submits that as

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against the petitioner two other crimes are pending.

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Having considered the gravity of the offences alleged and having perused the affidavit, contents of which is vouched to be true and voluntary by the Counsel for the 2^nd respondent, I am satisfied that no public interest is involved in this matter and the dispute has been settled amicably. In view of the settlement, there is no possibility of the criminal proceedings ending in conviction. 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

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Crl.M.C.No.749 of 2025

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¶36

2025:KER:19859

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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. Insofar as the dispute in this case is settled, pendency of other crimes need not also deter this Court from exercising the inherent power under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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In the result, this Crl.M.C is allowed. Annexure 1 FIR and all further proceedings in Crime No.39 of 2025 registered at the Chavakad Police Station, as against the petitioner, is quashed.

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Sd/V.G.ARUN JUDGE

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SSK/03/03

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2025:KER:19859

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Crl.M.C.No.749 of 2025

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APPENDIX OF CRL.MC 749/2025

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PETITIONER ANNEXURES

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Annexure 1THE CERTIFIED COPY OF THE FIR & FIS IN
CRIME 39/2025 OF CHAVAKKAD POLICE DATED
09.01.2025

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Annexure 2A TRUE COPY OF THE AFFIDAVIT DATED
18.01.2025 FILED BY THE 2ND RESPONDENT
EVIDENCING THE FACT OF SETTLEMENT

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RESPONDENTS EXHIBITS : NIL

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TRUE COPY

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P.A. TO JUDGE

Ashiqaskker, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ashiqaskker, v. State of Kerala

Case brief

What is this about?

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What the court decided

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