Kerala High Court
Arun S vs State Of Kerala on 5 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 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
CRL.MC NO. 2489 OF 2024
CRIME NO.740/2022 OF Venjaramoodu Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.979 OF 2022 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I,NEDUMANGAD
PETITIONERS/ACCUSED 1 TO 4:
1 ARUN S
AGED 29 YEARS
S/O PRABHAVATHI, KANIYAM KONATHU VEEDU, KALAMACHAL P.O,
VAMANAPURAM, THIRUVANANATHAPURAM, PIN - 695606.
2 VINEETH V
AGED 32 YEARS
S/O VIJAYAN K, VILAYIL VEEDU, KALAMACHAL
P.O,VAMANAPURAM, THIRUVANANTHAPURAM, PIN - 695606.
3 AKHIL J
AGED 31 YEARS
S/O JAYAKUMAR, CHERUKARA VEEDU, KALAMACHAL P.O,
VAMANAPURAM, THIRUVANANTHAPURAM, PIN - 695606.
4 REJIN P
AGED 35 YEARS
S/O PRATHAPAN S, PARAMUKALIL VEEDU, KALAMACHAL P.O,
VAMANAPURAM, THIRUVANANTHAPURAM, PIN - 695606.
BY ADVS.
FATHIMA SHALU S.
DEEPU RAJAGOPAL
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REP.BY, PUBLIC PROSECOTOR, HIGH COURT OF KERALA
ERNAKULAM, PIN - 682031.
2 THE STATION HOUSE OFFICER
VENJARAMOODU POLICE STATION, NELLANADU,
THIRUVANANTHAPURAM, PIN - 695607
3 ARUN S.A
S/O SOMAN, S.A NIVAS, ATHIRTHIMUKKU, KALAMACHAL P.O,
VAMANAPURAM, THIRUVANANTHAPURAM, KERALA, PIN - 695606.
CRL.MC NO. 2489 OF 2024
2
4 SOBIN S.A
S/O SOMAN, S.A NIVAS, ATHIRTHIMUKKU,
KALAMACHAL P.O, VAMANAPURAM,
THIRUVANANTHAPURAM, KERALA, PIN - 695606.
BY ADV. ALBIN VARGHESE - R3 & R4
SMT. SREEJA V. (PUBLIC PROSECUTOR)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 05.04.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
CRL.MC NO. 2489 OF 2024
3
BECHU KURIAN THOMAS, J.
-----------------------------------------
Crl.M.C. No. 2489 of 2024
----------------------------------------
Dated this the 5th day of April, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 482 of Code of Criminal Procedure, 1973 to quash all proceedings against them.
2. Petitioners are accused Nos. 1 to 4 in C.C. No. 979 of 2022 on the files of the Judicial First Class Magistrate's Court- I, Nedumangad, arising out of Crime No.740 of 2022 of Venjaramoodu Police Station, registered for the offences under Sections 341, 294(b), 506(i) and 323 r/w Section 34 of the Indian Penal Code, 1860. Respondents 3 and 4 are the defacto complainant and the injured witness.
3. According to the prosecution, the accused had on 12-06-2022 restrained the defacto complainant and assaulted him and thereby committed the offences alleged.
4. Heard the learned counsel for the petitioners and the learned counsel for the respondents, apart from the learned Public Prosecutor.
5. The learned counsel for the petitioners submitted that the matter has been settled and hence the proceedings CRL.MC NO. 2489 OF 2024 4 against the petitioners ought to be quashed. It was also submitted that, considering the nature of offences alleged, no purpose would be served by continuing the 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 Annexure 3 and Annexure 4 affidavits filed by respondents 3 and 4. 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 petitioners in C.C. No. 979 of 2022 on the files of the Judicial First Class CRL.MC NO. 2489 OF 2024 5 Magistrate's Court-I, Nedumangad are quashed.
This Crl.M.C is allowed as above.
BECHU KURIAN THOMAS JUDGE AJM CRL.MC NO. 2489 OF 2024 6 APPENDIX OF CRL.MC 2489/2024 PETITIONER ANNEXURES Annexure1 CERTIFIED COPY OF THE FIR IN CRIME NO. 740/2022 OF VENJARAMOODU POLICE STATION, THRIUVANANTHAPURAM DATED 13.06.2022.
Annexure 2 CERTIFIED COPY OF THE FINAL REPORT IN CC 979/2022 OF THE JUDICIAL FIRST CLASS COURT-I, NEDUMANGAD, THIRUVANANTHAPURAM.
Annexure 3 ORIGINAL SETTLEMENT AFFIDAVIT OF
THE 3RD RESPONDENT DATED
20/02/2023.
Annexure 4 ORIGINAL SETTLEMENT AFFIDAVIT OF
THE 4TH RESPONDENT DATED
20/02/2023.