Ashiqaskker, vs State of Kerala,

Type Court Judgment Court Kerala Decided Mar 03, 2025

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Citation: sooperkanoon.com/1277295
Court: Kerala High Court
Judge: Honourable Mr.Justice V.G.Arun
Decided On: Mar 03, 2025
Case Number: Crl.MC/749/2025
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Ashiqaskker,

Respondent

State of Kerala,

Excerpt

.....chavakad police station for offences punishable under sections 126(2), 118(1), 110 and 3(5) of the bharatiya nyaya sanhita (bns), 2023.2. 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.3. learned counsel for the petitioner submittedthat 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 2nd respondent, vouching this fact.4. learned counsel for the 2nd respondent also submitted that the dispute is settled and his client has no grievance against the petitioner.5. learned public prosecutor submits that as against the petitioner two other crimes are pending.6. having considered the gravity of the offencesalleged and having perused the affidavit, contents of which is vouched to be true and voluntary by the counsel for the 2nd 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 mohanabbot 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. 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. sd/- v.g.arun judgessk/03/03 appendix of crl.mc 749/2025 petitioner annexures.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 3RD DAY OF MARCH 2025 / 12TH PHALGUNA, 1946 CRL.MC NO. 749 OF 2025 CRIME NO.39/2025 OF Chavakkad Police Station, Thrissur PETITIONER/ACCUSED NO.2: ASHIQASKKER, AGED 20 YEARS S/O ASKKER CHALIL, RESIDING AT CHALIL HOUSE, KADAPPURAM VILLAGE, BLANGADU DESOM,CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN - 680514 BY ADVS. SRUTHI RAJIT DHILSHA HABEEB RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 SARATH CHANDRAN, AGED 22 YEARS S/O CHANDRAN, RESIDING AT THODU VEEDU HOUSE, KADAPPURAM VILLAGE, BLANGADU DESOM,CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN - 680514 BY ADV V.V.JOY SRI. M.C. ASHI, PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 3rd day of March, 2025 Petitioner is the 2nd 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.

2. 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.

3. 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 2nd respondent, vouching this fact.

4. Learned Counsel for the 2nd respondent also submitted that the dispute is settled and his client has no grievance against the petitioner.

5. Learned Public Prosecutor submits that as against the petitioner two other crimes are pending.

6. 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 2nd 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

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. 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. Sd/- V.G.ARUN JUDGE

SSK/03/03 APPENDIX OF CRL.MC 749/2025 PETITIONER ANNEXURES Annexure 1 THE CERTIFIED COPY OF THE FIR & FIS IN CRIME 39/2025 OF CHAVAKKAD POLICE DATED 09.01.2025 Annexure 2 A TRUE COPY OF THE AFFIDAVIT DATED 18.01.2025 FILED BY THE 2ND RESPONDENT EVIDENCING THE FACT OF SETTLEMENT RESPONDENTS EXHIBITS : NIL TRUE COPY P.A. TO JUDGE

Same Court & Year Kerala · 2025 Same Parties Ashiqaskker, vs State of Kerala, Same Subject Criminal Same Judge Honourable Mr.Justice V.G.Arun