Kerala High Court
Sajeev K.Nair vs Gracy on 17 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942
Crl.MC.No.62 OF 2021(G)
AGAINST THE JUDGMENT IN CC 2244/2019 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -II, KOLLAM
CRIME NO.740/2019 OF ERAVIPURAM POLICE STATION , Kollam
PETITIONER/ACCUSED:
SAJEEV K.NAIR
AGED 55 YEARS
S/O. KRISHNANKUTTY NAIR, KOLLERI HOUSE, AMBALLUR
VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT.
BY ADVS.
SRI.R.BINDU (SASTHAMANGALAM)
SRI.PRASANTH M.P
RESPONDENT/DE FACTO COMPLAINANT AND STATE:
1 GRACY
AGED 53 YEARS
D/O. CELINE, SANGTHA MARIA HOUSE, PAVITHRAM NAGAR,
VADAKKUMBHAGOM CHERI, ERAVIPURAM VILLAGE, KOLLAM
DISTRICT.
2 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682 031.
R1 BY ADV. M.KIRANLAL
OTHER PRESENT:
PP AJITH MURALI
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
17.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.62 OF 2021(G) ..2..
ORDER
Dated this the 17th day of February 2021
Petitioner is the accused in Crime No.740/2019
registered at the Eravipuram Police Station for
offences punishable under Sections 67(A) of the
Information Technology Act, 2000 and Section
120(o) of the Kerala Police Act, 2011, now pending
as C.C.No.2244/2019 on the files of the Judicial First
Class Magistrate Court-II, Kollam. The de facto
complainant, at whose instance the crime was
registered, is arrayed as the 1st respondent.
Annexure-B affidavit has been filed by 1st
respondent stating that the dispute, which was the
reason for the incident and registration of the crime,
has been resolved amicably and she has no
subsisting grievance against the petitioner.
Crl.MC.No.62 OF 2021(G) ..3..
2. Heard the learned Public Prosecutor also,
who, on instructions, submits that the petitioner has
no criminal antecedents.
3. Having considered the gravity of the offences
alleged, nature of the injury caused and having
perused the affidavit filed by the 1st respondent, the
contents of which are submitted to be true and
voluntary, I am satisfied that the dispute is settled
and no public interest is involved in this matter.
Moreover, in view of the settlement, possibility of the
criminal proceedings ending in conviction is remote.
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],
Crl.MC.No.62 OF 2021(G) ..4..
there is no impediment in granting the relief sought.
In the result, this Crl.M.C is allowed. Annexure-
A FIR and the proceedings in Crime No.740/2019
registered at the Eravipuram Police Station is
quashed.
Sd/-
V.G.ARUN
SB/18/02/2021 JUDGE
Crl.MC.No.62 OF 2021(G) ..5..
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT
DATED 28.11.2019 WITH FIR.
ANNEXURE B AFFIDAVIT SWORN TO BY THE 1ST
RESPONDENT DATED 09.12.2020.
//true copy// P.A to Judge
