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Informative

Kerala High Court on Quashing Petition after Acquittal of Accused Persons.

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 Quashing Petition after Acquittal of Accused Persons.
WCP News Bulletin
Headnote:

The Kerala High Court dismissed as infructuous a petition seeking quashing of an FIR under Sections 294(b), 427, 323, 325, and 341 read with Section 34 IPC after the petitioners had already been acquitted in the trial. The Court observed that since the trial proceedings had concluded and the accused were acquitted, the quashing petition no longer survived.


Background:
  1. The petitioners—Vishnu, Sujith, and Biju—were accused in Crime No. 42/2022 registered by Valavupacha Police Station (Chithira P.S.), Kollam Rural.
  2. The offences alleged were under Sections 294(b), 427, 323, 325, and 341 read with Section 34 of the Indian Penal Code (IPC).
  3. The petition was filed under Section 482 CrPC seeking to quash the FIR on the ground that the matter had been amicably settled with the de facto complainant.
  4. An affidavit confirming the settlement was submitted by the complainant (2nd respondent).


Court’s Observations:
  1. The learned Public Prosecutor informed the Court that the trial had already been completed, and the petitioners were acquitted in the said case.
  2. In view of the acquittal, the purpose of seeking quashing of the FIR no longer existed.
  3. The Court therefore held that the petition had become infructuous and dismissed it accordingly.


Legal Provisions Discussed:
  1. Sections 294(b), 427, 323, 325, 341 & 34, Indian Penal Code (IPC) – Offences relating to obscene acts, mischief, causing hurt and wrongful restraint.
  2. Section 482, Code of Criminal Procedure, 1973 (CrPC) – Inherent powers of the High Court to prevent abuse of process of court and to secure the ends of justice.

Outcome:

The Criminal Miscellaneous Case was dismissed as infructuous following the petitioners’ acquittal.

Citation: 2025:KER:81104

Case: Vishnu & Ors. 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

Criminal Misc. Case No.: 2818 of 2022

Crime No.: 42/2022 of Chithara Police Station, Kollam