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Kerala High Court
Nithin vs State Of Kerala on 21 May, 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
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
CRL.MC NO. 3045 OF 2024
CRIME NO.752/2019 OF NADAPURAM POLICE STATION, KOZHIKODE
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.180 OF 2020 OF
JUDICIAL MAGISTRATE OF FIRST CLASS,NADAPURAM
PETITIONERS/ACCUSED NOS.1 TO 3 :
1 NITHIN, AGED 29 YEARS
S/O BABU, KUNDILOTTUMMAL (H),
VELLOOR, KODANCHERY P.O,
KOZHIKODE DISTRICT, PIN - 673 580.
2 SONU, AGED 26 YEARS
S/O PRAMOD, KANNOTHUVAYAL (H),
VELLOOR, KODANCHERY P.O,
KOZHIKODE DISTRICT., PIN - 673 580.
3 AKSHAYLAL, AGED 30 YEARS
S/O MURALI, VELLARVALLI (H), VELLOOR,
KODANCHERY P.O, KOZHIKODE DISTRICT - 673 580.
BY ADVS.B.MUHAMMED SHAHEEL
R.N.SANDEEP
KEERTHI VIJAYAN
JYOTHI R. NAIR
RESPONDENT/STATE :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 NITHINRAJ, AGED 30 YEARS,
S/O RAJAN, CHAITHRAM (H),
KACHERI, IRINGANNOOR P.O,
VADAKARA TALUK, KOZHIKODE DISTRICT- 673 505.
BY ADV RANGEETH G.S.-R2
SRI.RENJITH T.R. -R1
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC 3045/2024
2
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.3045 of 2024
...................................................
Dated this the 21st day of May, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them.
2. Petitioners are accused Nos.1 to 3 in C.C.No.180/2020 on the files of the Judicial First Class Magistrate Court, Nadapuram, arising out of Crime No.752/2019 of Nadapuram Police Station, registered for the offences punishable under Sections 341, and 324 r/w Section 34 of the Indian Penal Code, 1860. The second respondent is the de facto complainant.
3. According to the prosecution, on 26.11.2019 the accused had attacked the de facto complainant by throwing chilly powder into his face and body and assaulted him, and thereby committed the offences alleged.
4. Heard the learned counsel for the petitioners and the learned counsel for the respondent, apart from the learned Public CRL.MC 3045/2024 3 Prosecutor.
5. The learned counsel for the petitioners submitted that the matter has been settled and hence the proceedings 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-A2 affidavit filed by the second respondent. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavit is genuine, and the de facto complainant stands by the contents thereof. I am satisfied that the matter has been settled and no public interest is CRL.MC 3045/2024 4 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.180/2020 on the files of the Judicial First Class Magistrate Court, Nadapuram, arising out of Crime No.752/2019 of Nadapuram Police Station, are quashed. This Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS JUDGE AMV/25/05/2024 CRL.MC 3045/2024 5 APPENDIX OF CRL.MC 3045/2024 PETITIONER ANNEXURES ANNEXURE A1 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO. 752/2019 OF NADAPURAM POLICE STATION, KOZHIKODE DISTRICT PENDING BEFORE HON'BLE JUDICIAL FIRST-CLASS MAGISTRATE COURT, NADAPURAM AS CC 180/2020.
ANNEXURE A2 THE AFFIDAVIT SWORN BY THE RESPONDENT NO.2.
TRUE COPY