Kerala High Court
Siyad 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. 2689 OF 2024
CRIME NO.2341/2021 OF Medical College Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.110 OF 2024 OF
ADDITIONAL CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM
PETITIONERS/ACCUSED NOS 1 TO 4:
1 SIYAD,
AGED 30 YEARS
S/O. SAYED KHAN, S.A NIVAS, KAROMKODU, MEENADU VILLAGE,
KOLLAM, PIN - 691572.
2 SIBIN
AGED 28 YEARS
PUNNAVILA VEEDU THAZHUTHALLA VILLAGE UMAYANALLOOR
KOLLAM, PIN - 691589.
3 SAJEENA,
AGED 48 YEARS
W/O. SAYED KHAN, S.A NIVAS, KAROMKODU, MEENADU VILLAGE,
KOLLAM, PIN - 691572.
4 SAFEENA
AGED 49 YEARS
W/O SALAUDEEN PUNNAVILA VEEDU THAZHUTHALLA VILLAGE
UMAYANALLOOR KOLLAM, PIN - 691589.
BY ADV SNEHA JOY
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM, PIN - 682031.
2 THE STATION HOUSE OFFICER
MEDICAL COLLEGE POLICE STATION,
THIRUVANANTHAPURAM, PIN - 695011.
CRL.MC NO. 2689 OF 2024
2
3 PRABHU
AGED 32 YEARS
S/O. SASI , TC NO. 54/716 (2), SMRA 310,
SASI BHAVAN, KEEZHEMANGATTUKONAM
MAKKOTTUKONAM, NEDUKADU WARD, MANACAUD,
THIRUVANANTHAPURAM, PIN - 695009.
4 MAHESH
AGED 38 YEARS
S/O. CHANDRAN NAIR PALARA PUTHEN VEEDU, TC
NO. 52/3481, NEAR PALARA VINAYAKA KALLAYANA
MANDAPAM, PAPPANAMCODE, NEMOM,
THIRUVANANTHAPURAM, PIN - 695020.
5 RAJESH KUMAR M
AGED 39 YEARS
S/O. JAYAMOHANAN PILLAI, KIZHAKAE POOVEN
PILLAI VEEDU, KARUMANDAL STREET, NEAR
POOTTINGHAL TEMPLE, PARAVUR, KOLLAM, PIN -
691301.
BY ADV Sarin
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. 2689 OF 2024
3
BECHU KURIAN THOMAS, J.
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Crl.M.C. No. 2689 of 2024
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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. 110 of 2024 on the files of the Additional Chief Judicial Magistrate Court, Thiruvananthapuram, arising out of Crime No. 2341 of 2021 of Medical College Police Station, registered for the offences under Sections 294(b), 323 and 506 r/w Section 34 of the Indian Penal Code, 1860. Respondents 3 to 5 are the defacto complainant and the injured witnesses.
3. According to the prosecution, the accused had on 11-11-2021 abused 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 against CRL.MC NO. 2689 OF 2024 4 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 A3 to Annexure A5 affidavits filed by respondents 3 to 5. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavits are genuine, and the defacto complainant and the other deponents 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. 110 of 2024 on the files of the Additional Chief Judicial Magistrate Court, Thiruvananthapuram are quashed. CRL.MC NO. 2689 OF 2024 5 This Crl.M.C is allowed as above.
BECHU KURIAN THOMAS JUDGE AJM CRL.MC NO. 2689 OF 2024 6 APPENDIX OF CRL.MC 2689/2024 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF F.I.R IN CRIME NO.
2341/2021 OF MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM.
Annexure A2 THE TRUE COPY OF FINAL REPORT IN CC NO. 110/2024 BEFORE THE HON'BLE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM.
Annexure A3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT.
Annexure A4 THE AFFIDAVIT SWORN BY THE 4TH RESPONDENT.
Annexure A5 THE AFFIDAVIT SWORN BY THE 5TH RESPONDENT.