Santhosh Kumar vs State of Kerala

Type Court Judgment Court Kerala Decided Jun 30, 2020

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Citation: sooperkanoon.com/1773763
Court: Kerala High Court
Judge: Honourable Mrs. Justice Shircy V.
Decided On: Jun 30, 2020
Case Number: Crl.MC/2793/2020

Parties & Advocates

Appellant / Petitioner

Santhosh Kumar

Respondent

State of Kerala

Excerpt

..... there is no subsisting dispute between them. therefore, this petition to quash the further proceedings in crime no. 76 of 2020 ofchandera police station, kasaragod.4. learned counsel appearing for the 2nd respondent/ defacto complainant has submitted that she has absolutely no grievance or complaints against the petitioner. annexure ii isthe 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.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 by keeping the proceedings alive.6. on hearing the submissions of all concerned, andon 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 proceedingwith 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, this crl.m.c. is allowed and all further proceedings in crime no. 76 of 2020 of chandera police station, kasaragod will stand quashed as prayed for. sd/- shircy v. judge sb appendix petitioner's/s exhibits: annexure 1 certified copy of fir along with fis in crime no. 76/2020 of chandera police station, kasargode district annexure ii copy of notarized affidavit dated 08-05- 2020 sworn by the 2nd respondent.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SHIRCY V. TUESDAY, THE 30TH DAY OF JUNE 2020 / 9TH ASHADHA, 1942 Crl.MC.No.2793 OF 2020(H) CRIME NO.76/2020 OF Chandera Police Station , Kasargod PETITIONER/ACCUSED: SANTHOSH KUMAR AGED 44 YEARS S/O. SANKARAN, CHEEMENI, KASARGOD, KERALA BY ADV. SRI.S.RAJEEV RESPONDENTS/STATE/DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031 (CRIME NO. 76/2020 OF CHANDERA POLICE STATION, KASARGODE DISTRICT) XXXX OTHER PRESENT: PP SREEJA V THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.06.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 30th day of June 2020 Petition under Section 482 of the Code of Criminal Procedure.

2. The petitioner is the accused in Crime No.76 of 2020 of Chandera Police Station, Kasaragod registered for the offences punishable under Sections 354, 354A(1)(i) of Indian Penal Code.

3. It is submitted by the learned counsel for the petitioner that due to the intervention of the senior members of

the society and well wishers, the parties                        have    resolved the
entire   disputes      among   themselves          and      as   such    there      is   no
subsisting      dispute between them. Therefore, this petition to
quash    the   further    proceedings         in    Crime    No.    76   of    2020      of

Chandera Police Station, Kasaragod.

4. Learned counsel appearing for the 2nd respondent/ defacto complainant has submitted that she has absolutely no grievance or complaints against the petitioner. Annexure II 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.

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 by keeping the proceedings alive.

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, this Crl.M.C. is allowed and all further proceedings in Crime No. 76 of 2020 of Chandera Police Station, Kasaragod will stand quashed as prayed for. Sd/- SHIRCY V. JUDGE sb APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE 1 CERTIFIED COPY OF FIR ALONG WITH FIS IN CRIME NO. 76/2020 OF CHANDERA POLICE STATION, KASARGODE DISTRICT ANNEXURE II COPY OF NOTARIZED AFFIDAVIT DATED 08-05- 2020 SWORN BY THE 2ND RESPONDENT.

Same Court & Year Kerala · 2020 Same Parties Santhosh Kumar vs State of Kerala Same Judge Honourable Mrs. Justice Shircy V.