Kerala High Court
Arjun vs The State Of Kerala on 12 April, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
CRL.MC NO. 3055 OF 2024
CRIME NO.104/2017 OF Irinjalakuda Police Station, Thrissur
C.C.NO.77 OF 2018 OF JUDICIAL FIRST CLASS MAGISTRATE'S COURT,
IRINJALAKUDA
PETITIONER/ ACCUSED NO.2 :
ARJUN
AGED 29 YEARS, S/O PRASANNAN,
CHANASSERY HOUSE, PAINGODU DESOM,
THEKKUMKARA VILLAGE, THRISSUR DISTRICT,
PIN - 680 589
BY ADV ABRAHAM MATHAN
RESPONDENT/ STATE AND DEFACTO COMPLAINANT/ VICTIM :
1 THE STATE OF KERALA
REP BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 THAMI MUDHARI
AGED 33 YEARS
S/O ASHRAF MOWLAVI, THARUPEEDIKAYIL HOUSE,
VELLANGALLUR DESOM, VADAKKUMKARA VILLAGE,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT,
PIN - 680 661
3 ASHRAF MOWLAVI,
AGED 57 YEARS, S/O KUNJUMON,
THARUPEEDIKAYIL HOUSE, VELLANGALLUR DESOM,
VADAKKUMKARA VILLAGE, MUKUNDAPURAM TALUK,
THRISSUR DISTRICT, PIN - 680 661
SRI. T.R. RENJITH, PUBLIC PROSECUTOR
ADV.ANAND KALYANAKRISHNAN
CRL.MC NO. 3055 OF 2024
2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 3055 OF 2024
3
BECHU KURIAN THOMAS, J.
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Crl.M.C.No.3055 of 2024
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Dated this the 12th day of April, 2024
ORDER
Petitioner has invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against him.
2. Petitioner is the 2nd accused in C.C. No.77 of 2018 on the files of the Judicial Magistrate of First Class, Irinjalakuda, arising out of Crime No.104 of 2017 of Irinjalakuda Police Station, registered for the offence under Section 420 r/w Section 34 of the Indian Penal Code, 1860. The 2 nd respondent is the defacto complainant and the 3 rd respondent is the injured witness.
3. According to the prosecution, the accused had on 22.11.2016 cheated the defacto complainant by obtaining his vehicle bearing Registration No.KL-45-N-6920 and thereafter sold the car to the 5 th accused, who later dismantled the same and thereby committed the offences alleged.
4. Heard the learned counsel for the petitioner and the learned counsel for the respondents, apart from the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the matter has been settled and hence the proceedings against the petitioner ought to be quashed. It was also submitted that, considering the nature of offences alleged, no purpose would be served by continuing the CRL.MC NO. 3055 OF 2024 4 proceedings.
6. In Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303], the Apex Court has held that in appropriate cases, the High Court can take note of the amicable resolution of disputes between the victim and the wrongdoer to put an end to the criminal proceedings. This view was reiterated in Narinder Singh and Others v. State of Punjab and Another [(2014) 6 SCC 466] and Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653].
7. I have perused Annexures 4 and 5 affidavits filed by respondents 2 and 3. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavits are genuine, and the defacto complainant and the other deponent stand by the contents thereof. I am satisfied that the matter has been settled and no public interest is involved in this case. There is no impediment for granting the prayer for quashing. The continuance of the proceedings will only be an exercise in futility.
8. Accordingly, all proceedings against the petitioner in C.C. No.77 of 2018 on the files of the Judicial Magistrate of First Class, Irinjalakuda are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE RKM CRL.MC NO. 3055 OF 2024 5 APPENDIX OF CRL.MC 3055/2024 PETITIONER'S ANNEXURES :
Annexure 1 CERTIFIED COPY OF THE F.I.R IN CRIME NO.
104 OF 2017 OF IRINJALAKUDA POLICE STATION Annexure 2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 104 OF 2017 OF IRINJALAKUDA POLICE STATION DATED 19.12.2017 Annexure 3 TRUE COPY OF THE JUDGMENT DATED 31.01.2023 Annexure 4 AFFIDAVIT SWORN IN BY THE SECOND RESPONDENT DATED 21.03.2024 Annexure 5 AFFIDAVIT SWORN IN BY THE THIRD RESPONDENT DATED 21.03.2024