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Informative

Kerala High Court on Closure of Petition to Quash FIR in Rash Driving Case.

Update / Judgement Date

28 Oct 2025

Source

WCP News Bulletin

Author

Sakshi Bhardwaj — WCP Legal Desk

Reading Time

2 min read

Criminal LawOther Legal Matters
Kerala High Court on Closure of Petition to Quash FIR in Rash Driving Case.
WCP News Bulletin
Headnote:

The Kerala High Court closed a Criminal Miscellaneous Case seeking to quash the FIR registered under Sections 279 and 338 IPC, as the investigation had already culminated in a final report filed before the Judicial First Class Magistrate Court, Narakkal. The Court clarified that the petitioner is at liberty to file a fresh petition to quash the final report instead.


Background:

• The petitioner, Haridas (aged 66 years), was accused in Crime No. 1341/2021 registered by the Narakkal Police Station, Ernakulam, for offences punishable under Sections 279 and 338 of the Indian Penal Code.

• He filed a Criminal Miscellaneous Case (Crl.M.C.) seeking quashing of the FIR (Annexure A1).

• The 3rd respondent (defacto complainant) was Sisa Johny, aged 29 years, wife of Saiju, residing at Oliparambil House, Edavanakkad P.O., Ernakulam.

• During hearing, the learned Public Prosecutor submitted that the investigation was complete and the final report had been filed before the Judicial First Class Magistrate Court, Narakkal, as C.C. No. 409/2022.


Court’s Observations:

• The Court noted that since the final report had already been laid before the Magistrate, the FIR could no longer be quashed in isolation.

• The proper remedy for the petitioner would be to file a fresh petition challenging the final report in the same crime.


Decision:

• The Court closed the petition (Crl.M.C. No. 1938/2022) without prejudice to the petitioner’s right to approach the Court again to quash the final report in C.C. No. 409/2022.


Legal Provisions Discussed:

• Section 279, Indian Penal Code (IPC) – Rash driving or riding on a public way.

• Section 338, Indian Penal Code (IPC) – Causing grievous hurt by an act endangering life or personal safety.

• Section 482, Code of Criminal Procedure, 1973 – Inherent powers of the High Court (for quashing criminal proceedings).

Citation: 2025:KER:81110

Case: Haridas v. State of Kerala & Anr.

Court: High Court of Kerala at Ernakulam

Coram: Hon’ble Mr. Justice C.S. Dias

Date of Decision: 29 October 2025

Case No.: Crl.M.C. No. 1938 of 2022 (Crime No. 1341/2021, Narakkal Police Station, Ernakulam)