Kerala High Court
Raju @ Sreeraj vs State Of Kerala on 16 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 16TH DAY OF APRIL 2024 / 27TH CHAITHRA, 1946
CRL.MC NO. 3095 OF 2024
CRIME NO.562/2024 OF PERINTHALMANNA POLICE STATION, MALAPPURAM
PETITIONER(S)/ACCUSED:
1 RAJU @ SREERAJ
AGED 29 YEARS
S/O. RAVEENDRAN, AMBALAKKADU HOUSE, KANAKKANCHERI,
PERINTHALMANNA, MALAPPURAM DISTRICT, PIN - 679322
2 SREENATH A
AGED 26 YEARS
S/O. RAVEENDRAN, AMBALAKKADU HOUSE, KANAKKANCHERI,
PERINTHALMANNA, MALAPPURAM DISTRICT - 679322, PIN - 679322
3 KUNJANI @ VINEETH KUMAR V
AGED 39 YEARS
S/O. THAMI, PARANGODAN HOUSE, PONMALAAMSOMDESOM, MALAPPURAM
DISTRICT, PIN - 676528
BY ADV U.K.DEVIDAS
RESPONDENT(S)/STATE:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 JAYALAL K.S
AGED 24 YEARS
S/O. SOMAN K.V., KOORATHUKUNNU HOUSE, PATHAIKKARA VILLAGE,
PERINTALMANNA TALUK, MALAPPURAM DISTRICT, PIN - 679322
BY ADVS.
G. SUDHEER-PP
P.M.SHAHIDA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.3095 of 2024
2
C.JAYACHANDRAN, J.
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Crl.M.C. No.3095 of 2024
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Dated this the 16th day of April, 2024
ORDER
The petitioners are accused nos.1 to 3 in Crime No.562/2024 of Perinthalmanna Police Station. The offences alleged are under Sections 341, 323, 326 and 506, read with Section 34 of the Indian Penal Code. The petitioners seek to quash Annexure-I F.I.R. in the above crime, which is within the jurisdiction of the Judicial First Class Magistrate Court-I, Perinthalmanna, on the premise that the disputes between the petitioners and the second respondent/de facto complainant have been settled amicably. Along with the Crl.M.C., the petitioners filed Annexure-II affidavit sworn to by the second respondent/de facto complainant, wherein she would state that all the disputes have been settled amicably Crl.M.C. No.3095 of 2024 3 and that she has no surviving grievance as against the petitioners. The deponent would also state that she is not interested to prosecute the case any more and that, she has no objection to quash further proceedings in the crime afore referred.
2. When the Crl.M.C. was moved, this Court directed the learned Public Prosecutor to get instructions. Accordingly, a report of the Station House Officer concerned, along with a signed statement of the de facto complainant has been produced. A perusal of the statement would reiterate that the de facto complainant is not any more interested to prosecute the matter, since the issues have been settled amicably.
3. In view of the judgments of the Hon'ble Supreme Court in B.S. Joshi & Ors vs State Of Haryana & Anr [2003 (4) SCC 675] and Gian Singh v. State of Punjab [(2012) 10 SCC 303], this Court finds that no useful purpose is to be served by continuing the prosecution as against the petitioners, inasmuch as the Crl.M.C. No.3095 of 2024 4 de facto complainant had unequivocally expressed her intention to withdraw the criminal proceedings against the petitioners.
In the circumstances, this Crl.M.C. is allowed and Annexure-I F.I.R. in Crime No.562/2024 of the Perinthalamanna Police Station and all further proceedings therefrom as against the petitioners are hereby quashed.
Sd/-
C. JAYACHANDRAN JUDGE SKP/16-04 Crl.M.C. No.3095 of 2024 5 APPENDIX OF CRL.MC 3095/2024 PETITIONERS' ANNEXURES:
ANNEXURE I TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 562 OF 2024 OF PERINTHALMANNA POLICE STATION DATED 20.03.2024 ANNEXURE II THE ORIGINAL OF THE AFFIDAVIT DATED 22.03.2024 EXECUTED BY THE SECOND RESPONDENT RESPONDENTS' ANNEXURES:NIL TRUE COPY P.A. TO JUDGE