Kerala High Court
Duglas vs State Of Kerala on 23 February, 2024
Author: V.G.Arun
Bench: V.G.Arun
Crl.M.C.No.1085 of 2024 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
CRL.MC NO. 1085 OF 2024
CRIME NO.1990/2023 OF Kollam East Police Station, Kollam
AGAINST THE ORDER/JUDGMENT FIR 1990/2023 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -II, KOLLAM
PETITIONER/:
DUGLAS
AGED 54 YEARS
S/O EARNEST, SOUMYA BHAVANAM, VADAKKUMBHAGAM, KOLLAM
EAST, KOLLAM, PIN - 691001
BY ADVS.
P.SIVARAJ
MEGHA.M.S.
RESPONDENT/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
KOLLAM EAST POLICE STATION, KOLLAM CITY DISTRICT, PIN
- 691001
3 SOUMYA DUGLAS
AGED 27 YEARS
D/O. DUGLAS, SOUMYA BHAVANAM, VADAKKUMBHAGAM, KOLLAM
EAST, KOLLAM, PIN - 691001
BY ADV M.MEHAR FARSANA
OTHER PRESENT:
SR.PP.V.TEKCHAND
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.1085 of 2024 2
V.G.ARUN J.
-------------------------------
Crl.M.C.No.1085 of 2024
--------------------------------
Dated this the 23rd day of February 2024
ORDER
Petitioner is the sole accused in Crime No.1990/2023
registered at Kollam East Police Station for offences punishable
under Sections 294(b),323 and 506 of IPC. The de facto
complainant is arrayed as the third respondent. Annexures 2
and 3 affidavits have been filed by the third respondent and
the victim stating that the dispute, which had compelled them
to file the complaint, leading to registration of the crime, has
been settled amicably and they have no subsisting grievance
against the petitioner.
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 affidavits,
the contents of which are vouched to be true and voluntary by
the learned Counsel for the third respondent, I am satisfied
that no public interest is involved in this matter and the
dispute has been settled amicably. Moreover, in view of the
settlement arrived at between the parties, there is no
possibility of the criminal proceedings ending in conviction. 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], there is no impediment in granting the relief.
In the result, this Crl.M.C is allowed. Annexure A1 FIR
and all proceedings in Crime No.1990/2023 of Kollam East
Police Station, pending before the Judicial First Class
Magistrate Court-II, Kollam, are quashed.
Sd/-
V.G.ARUN
JUDGE
dpk
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE FIR DATED 29-12-2023 OF KOLLAM
EAST POLICE STATION
Annexure A2 THE AFFIDAVIT SWORN IN BY THE 3RD RESPONDENT (THE
DEFACTO-COMPLAINANT)
Annexure A3 THE AFFIDAVIT SWORN IN BY THE THE ALLEGED VICTIM
IN THE ABOVE CRIME
