Manu vs State Of Kerala

Kerala High Court

Manu vs State Of Kerala on 23 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
      THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                      CRL.MC NO. 3187 OF 2024
     CRIME NO.385/2022 OF ANCHALUMMOODU POLICE STATION, KOLLAM
     AGAINST THE ORDER/JUDGMENT DATED IN CC NO.592 OF 2022 OF
           JUDICIAL MAGISTRATE OF FIRST CLASS -I, KOLLAM
PETITIONER/ACCUSED:

             MANU
             AGED 22 YEARS, S/O.MOHANAN PILLAI,
             GOPI SADANAM, PRAKKULAM CHERRY, THRIKKARUVA
             VILLAGE, KOLLAM DISTRICT, PIN - 691602
             BY ADVS.
             K.SIJU
             ANJANA KANNATH

RESPONDENTS/STATE & DEFACTO COMPLAINANT:

       1     STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
       2     THE STATION HOUSE OFFICER
             ANCHALUMMOODU POLICE STATION,
             KOLLAM DISTRICT, PIN - 691601
       3     SIVANKUTTY
             AGED 46 YEARS, S/O.MURALEEDHARAN PILLAI,
             NELLIPPUZHA PADINJATTATHIL VEEDU,
             NEAR MADATHIL JUNCTION, PRAKKULAM
             CHERRY, THRIKKARUVA VILLAGE,
             KOLLAM DISTRICT, PIN - 691602
             BY ADVS.
             SMT.SREEJA V. (PP)
             SRI.A.MUHAMMED RAFFI



        THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON     23.05.2024,   THE   COURT   ON   THE   SAME   DAY   PASSED   THE
FOLLOWING:
 Crl.M.C.No.3187 of 2024
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                       BECHU KURIAN THOMAS, J.
                    ---------------------------------------
                         Crl.M.C. No.3187 of 2024
                    ---------------------------------------
                    Dated this the 23rd day of May, 2024


                                   ORDER

Petitioner has invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against him.

2. Petitioner is the sole accused in C.C. No.592/2022 on the files of the Judicial Magistrate of First Class - I, Kollam, arising out of Crime No.385/2022 of Anchalummoodu Police Station, Kollam, registered for the offences under Sections 294(b) & 324 of the Indian Penal Code, 1860. The 3rd respondent is the defacto complainant.

3. According to the prosecution, on 30.04.2022, the accused had due to previous enmity with regard to a pathway abused the defacto complainant and threw a piece of rock on him inflicting serious injuries and thereby committed the offences alleged.

4. Heard the learned counsel for the petitioner and the learned counsel for the respondent, 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 proceedings.

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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 affidavit filed by the 3rd respondent. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavit is genuine, and the defacto complainant stands 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.592/2022 on the files of the Judicial Magistrate of First Class - I, Kollam, are quashed.

This Crl.M.C is allowed as above.

Sd/-

BECHU KURIAN THOMAS JUDGE anm Crl.M.C.No.3187 of 2024 :4: APPENDIX OF CRL.MC 3187/2024 PETITIONER'S ANNEXURES Annexure A1 THE CERTIFIED COPY OF FIR WITH FIS IN CRIME NO.385/2022 OF ANCHALUMMOODU POLICE STATION DATED 1.5.2022 Annexure A2 THE CERTIFIED COPY OF FINAL REPORT IN CRIME NO. 385/2022 OF ANCHALUMMOODU POLICE STATION DATED 9.5.2022 Annexure A3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT REGARDING THE COMPROMISE DATED 25.3.2024