High CourtsSingle Bench(2021) 05 KL CK 0070

Anandu @Aakhil And Ors vs Manoj Lal And Ors

High Court Of Kerala · Decided on 4 May 2021

HON’BLE JUDGES
Gopinath P, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Case No. 1930 Of 2021

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Judgment

14 paragraphs · 312 words
1.

Petitioners are accused 3 to 10 in Crime No.232 of 2020 of the Kumarakom Police Station, Kottayam district. The crime was registered on the

basis of a complaint filed by the 1st respondent, alleging commission of offences under Sections 143, 147, 148, 447, 294(B), 324, 308, 451 and 427 read

with Section 149 of the Indian Penal Code. It is the case of the petitioners that the complaint came to be filed on the basis of a misunderstanding and

that the matter has been settled between the petitioners and the de facto complainant. Reference is made to the affidavits namely Annexures 2, 3, 4

and 5 sworn to by respondents 1 to 4. It is also pointed out that the 1st and 2nd accused had already approached this Court by filing Crl M.C No.2553

of 2020, seeking to quash Annexure 1 FIR and all further proceedings thereon and that, through an order dated 16.10.2020, this Court had quashed the

proceedings against the 1st and 2nd accused on the basis of the settlement arrived at.

2.

Considering the nature of the offences involved and having considered the judgments of the Honourable Supreme Court in Gian Singh Vs. State of

Punjab and another [2012(4)KLT 108] as explained in Parbatbhai Aahir v. State of Gujarat, (2017) 9 SCC 641, and upon hearing the submissions of

learned counsel on either side and the Learned Public Prosecutor, I find that no fruitful purpose is likely to be served by proceeding with the case

against the petitioners. Further, I also find that no public interest is involved in the case and therefore, there is no legal impediment in granting the relief

sought by the petitioners.

For the aforesaid reasons, this Crl.M.C is allowed Annexure -1 F.I.R in Crime No.232 of 2020 of the Kumarakom Police Station and all further

proceedings thereon against the petitioners will stand quashed.