Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SHIRCY V. MONDAY, THE 26TH DAY OF JULY 2021 / 4TH SRAVANA, 1943 CRL.MC NO. 2929 OF 2021 CRIME NO. 100/2021 OF KANAKAKUNNU POLICE STATION PETITIONER/ACCUSED: VINOD, VINEETHA BHAVAN, KIZHAKKEKKARA MURI, ARATTUPUZHA. BY ADV M.R.SUDHEENDRAN RESPONDENTS/STATE & DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE SHO, KANAKAKKUNNU POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2 DIVYA, AGED 30 YEARS D/O. SUJA, THOTTATHILETH HOUSE, MUTHUKULAM, HARIPAD P. O., - 690514. BY ADV GAJENDRA SINGH RAJPUROHIT OTHER PRESENT: C.N.PRABHAKARAN- SR.PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
DATED THIS THE 26TH DAY OF JULY, 2021 Petition under Section 482 of the Code of Criminal Procedure.
2. The petitioner is the accused in Crime No.
100 of 2021 of Kanakakunnu Police Station registered for the offences punishable under Sections 354C and 306 of Indian Penal Code and Section 66E of the Information Technology (Amendment) Act, 2008.
3. Heard both sides and perused the records.
4. The learned counsel for the petitioner
submitted that the parties have resolved their entire dispute among themselves and as such there is no subsisting dispute between them. Therefore, this petition to quash the FIR.
5. Learned counsel appearing for the 2nd
respondent 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 that she has no intention to pursue the matter further.
6. 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.
7. 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 the petitioner. No materials are available on record to attract the offences alleged against the petitioner. Moreover, no public interest is involved in the case as such and there is no legal impediment in granting the prayer as sought for by the petitioner. (See Gian Singh v. State of Punjab ((2012) 10 SCC 303). 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 in Crime No. 100 of 2021 of Kanakamunnu Police Station will stand quashed as prayed for.
Sd/- SHIRCY V. JUDGE sb APPENDIX OF CRL.MC 2929/2021 PETITIONER ANNEXURE Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME 100/2021 OF KANAKAKUNNU POLICE STATION. Annexure A2 AFFIDAVIT OF THE DE-FACTO COMPLAINANT / 2ND RESPONDENT.