Kerala High Court
Vipul Manjebhai vs State Of Kerala on 15 July, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:52379
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 15TH DAY OF JULY 2025 / 24TH ASHADHA, 1947
CRL.MC NO. 3548 OF 2025
CRIME NO.248/2025 OF Palarivattom Police Station, Ernakulam
PETITIONERS/ACCUSED NO.1 TO 4:
1 VIPUL MANJEBHAI
AGED 43 YEARS
S/O MANJEBHAI, L/503, RADHA RESIDENCY, CORASI SURAT,
GUJARAT, PIN - 394510
2 DHARMESH
AGED 38 YEARS
BHA KANTIBHAI LODHIYA, 404 SHREE AKSHTAAPBHAGU,
NAGARSOC, SINGEN POOR, SURAT, KATAR, GUJARAT, PIN -
395004
3 SANDHIP HASMUKHBHAPRAJAPATHI
AGED 37 YEARS
B-102RAJALAKSHMI RESIDENCY, SACHIN, SURAT, GUJARAT, PIN
- 394230
4 DHALAWALA KROPESHBHAI
AGED 34 YEARS
S/O HARSHADBHA, PATATREY NAGAR, PALANPOR, SURAT,
GUJARAT, PIN - 395009
BY ADVS.
SRI.RAMEEZ NOOH
SMT.FATHIMA K.
SHRI.DANIC ANTONY
SMT.SHAFNA SINU
SHRI.AMIN ALI ASHRAF
RESPONDENTS/STATE & DE FACTO COMPLAINANT:
2025:KER:52379
Crl.M.C.No.3548 of 2025
2
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 ELANGOVAN GOVINDHASWAMY
AGED 43 YEARS
S/O GOVINDHSWAMY, RESIDING AT 131, NORTH STREET,
THATTHATHRIPURAM, DADHADRIPURAM, NAMAKKAL, THAMIL
NADU, PIN - 687018
BY ADV SRI.K.N.MUHAMMED THANVEER
SRI. AJITH MURALI, PP.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.07.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:52379
Crl.M.C.No.3548 of 2025
3
ORDER
Dated this the 15th day of July, 2025 Petitioners are the accused in Crime No.248 of 2025 registered at the Palarivattom Police Station for offences punishable under Sections 316(2), 318(4) and 3(5) of BNS, 2023.
2. Learned Counsel for the petitioners submitted that the dispute, which led to the incident and registration of the crime, is amicably settled between the parties and Annexure A2 affidavit has been filed by the 2nd respondent, vouching this fact.
3. Learned Counsel for the 2nd respondent also submitted that the dispute is settled and his client has no grievance against the petitioners.
4. Heard learned Public Prosecutor also.
2025:KER:52379 Crl.M.C.No.3548 of 2025 4
5. Having considered the gravity of the offences alleged and having perused the affidavit, contents of which is vouched to be true and voluntary by the Counsel for the 2nd respondent, I am satisfied that no public interest is involved in this matter and the dispute has been settled amicably. In view of the settlement, 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.
2025:KER:52379 Crl.M.C.No.3548 of 2025 5 In the result, this Crl.M.C is allowed. Annexure A1 FIR and all further proceedings in Crime No.248 of 2025 registered at the Palarivattom Police Station, as against the petitioners, is quashed.
Sd/-
V.G.ARUN JUDGE SSK/15/07 2025:KER:52379 Crl.M.C.No.3548 of 2025 6 APPENDIX OF CRL.MC 3548/2025 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF FIR DATED 26.03.2025 IN CRIME NO. 248 OF 2025 OF PALARIVATTOM POLICE STATION Annexure A2 THE AFFIDAVIT DTD. 02.04.2025 SWORN BY THE 2ND RESPONDENT Annexure A3 Certified copy of the FIR and FIS dated 26.03.2025 in Crime No. 248 of 2025 registered by Palarivattom Police station