Skip to content
How to use Judgment tools
  1. Click Tools to open PDF, Print, Tag, Note, Favourite, and CiteSignal.
  2. Use Brief & Ask in the toolbar for the AI Brief and case chat.
  3. Jump to sections with the pills below the help bar.

Sunil vs State of Kerala,

SUNIL vs State of Kerala,

Type Court Judgment Court Kerala Decided Jan 29, 2021
~3 min read
https://sooperkanoon.com/case/1593627

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

  • 18-section brief - facts, issues, ratio, relief
  • Ask this case - answers cite the judgment
  • Semantic search - find precedents by meaning
  • Research drawer - sections, cites, related cases

No card required · credentials emailed · Log in if you already have an account

Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Crl.MC/187/2021

Parties & Advocates

Appellant / Petitioner

SUNIL

Respondent

State of Kerala,

Excerpt

..... them. therefore, this petition to quash annexure a1 fir and all further proceedings in crimeno.1317 of 2020 of piravom police station.4. learned counsel appearing for the 2nd respondent/defacto complainant has submitted that she hasabsolutely no grievance or complaints against the petitioner. annexure a2 is the affidavit sworn to by her in support of the submission of the petitioner. the affidavit further indicates she has no intention to pursue the matter further.5. the learned public prosecutor has reported thatthe prosecution has no serious objection in allowing the petition. it is also submitted that as the dispute has been amicably settled, the possibility of conviction is remote and bleak and therefore, no useful purpose wouldbe served in proceeding with the case.6. on hearing the submissions of all concerned, and on perusal of the records as well on consideration ofthe special facts and circumstances involved in this case, i find that no fruitful purpose is likely to be served by proceeding with the matter against thispetitioner. moreover, no public interest is involved in the case and there is no legal impediment in granting the prayer as sought for by the petitioner. therefore, for the purpose of securing the ends of justice, this crl.m.c. is only to be allowed. for the foregoing reasons, annexure a1 fir and all further proceedings in crime no.1317 of 2020 of piravom police station will stand quashed as prayed for. sd/- shircy v. judge sb appendix of crl.mc 187/2021 petitioner's/s exhibits: annexure a1 true copy of the first information report in crime no.1317 of 2020 of piravom police station on the files of judicial first class magistrate piravom, ernakulam. annexure a2 an affidavit sworn by the second respondent dated 09.01.2020.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MRS. JUSTICE SHIRCY V. FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942 Crl.MC.No.187 OF 2021(C) CRIME NO.1317/2020 OF Piravam Police Station, Ernakulam PETITIONER/ACCUSED NO.1: SUNIL, AGED 42 YEARS S/O.SOMAN, KANNACKAPARAMBIL HOUSE, KOCHERITHAZHAM NAMAKUZHY P.O., MULAKKULAM, PIRAVOM-686 664. BY ADV. SRI.DHEERAJ KRISHNAN PEROT RESPONDENTS/DEFACTO COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2 LISSY JOY, AGED 53 YEARS W/O.JOY MATHEW, MUNDACKATHADATHIL HOUSE, KOCHERITHAZHAM, MULAKKULAM NORTH, PIRAVOM, ERNAKULAM DISTRICT-686 664. R2 BY ADV. JOHNSON VARGHESE R2 BY ADV. SMT.CHITRA JOHNSON OTHER PRESENT: DHANIL.M.R - P.P THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 29th day of January 2021 Petition under Section 482 of the Code of Criminal Procedure.

2. The petitioner is the accused in Crime No. 1317 of 2020 of Piravom Police Station registered for the offences punishable under Sections 294(b), 341, 323 and 354 of Indian Penal Code.

3. It is submitted by the learned counsel for the petitioner that due to the intervention of well- wishers, the parties have resolved their entire disputes

among   themselves         and     as    such    there     is   no     subsisting
dispute    between        them.    Therefore,       this   petition     to     quash
Annexure    A1      FIR    and     all   further      proceedings       in     Crime

No.1317 of 2020 of Piravom Police Station.

4. Learned counsel appearing for the 2nd respondent/defacto complainant has submitted that she has

absolutely no grievance or complaints against the petitioner. Annexure A2 is the affidavit sworn to by her in support of the submission of the petitioner. The affidavit further indicates she has no intention to pursue the matter further.

5. The learned Public Prosecutor has reported that

the prosecution has no serious objection                    in allowing the
petition. It is also             submitted that       as the dispute has
been   amicably      settled,     the     possibility    of     conviction    is
remote and bleak and             therefore,       no useful purpose would

be served in proceeding with the case.

6. On hearing the submissions of all concerned, and on perusal of the records as well on consideration of

the special facts           and circumstances involved in                  this
case, I find that no fruitful purpose                     is likely to be
served     by      proceeding      with     the    matter       against    this

petitioner. Moreover, no public interest is involved in the case and there is no legal impediment in granting the prayer as sought for by the petitioner. Therefore, for the purpose of securing the ends of justice, this Crl.M.C. is only to be allowed. For the foregoing reasons, Annexure A1 FIR and all further proceedings in Crime No.1317 of 2020 of Piravom Police Station will stand quashed as prayed for. Sd/- SHIRCY V. JUDGE sb APPENDIX OF Crl.MC 187/2021 PETITIONER'S/S EXHIBITS: ANNEXURE A1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.1317 OF 2020 OF PIRAVOM POLICE STATION ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE PIRAVOM, ERNAKULAM. ANNEXURE A2 AN AFFIDAVIT SWORN BY THE SECOND RESPONDENT DATED 09.01.2020.

Continue Your Research


AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial