Amal vs State Of Kerala

Kerala High Court

Amal 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. 3164 OF 2024
CRIME NO.287/2019 OF KOTHAMANGALAM POLICE STATION, ERNAKULAM
     AGAINST THE ORDER/JUDGMENT DATED IN CC NO.236 OF 2019 OF
          JUDICIAL FIRST MAGISTRATE COURT, KOTHAMANGALAM
PETITIONER/SECOND ACCUSED:

             AMAL
             AGED 22 YEARS, S/O ABDHUL KAREEM,
             VELLAKKAMATTAM(H), VENDUVAZY KARA,
             KOTHAMANGALAM VILLAGE,
             ERNAKULAM DISTRICT, PIN - 686691
             BY ADV.
             SRI.P.V.ELIAS

RESPONDENTS/COMPLAINANT:

      1      STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM,
             PIN - 682031
      2      HARIKRISHNAN
             AGED 36 YEARS, S/O SASEEDHARAN NAIR,
             CHOORAKATTIL HOUSE, ADOOPARAMBAKARA,
             MUVATTUPUZHA TALUK,
             ERNAKULAM DISTRICT, PIN - 686669
             BY ADVS.
             SRI.S.UNNIKRISHNAN (NELLAD)
             SRI.RENJITH T.R. (PP)



       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.3164 of 2024
                                     :2:



                       BECHU KURIAN THOMAS, J.
                    ---------------------------------------
                         Crl.M.C. No.3164 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 2nd accused in C.C. No.236/2019 on the files of the Judicial Magistrate of First Class-I, Kothamangalam, arising out of Crime No.287/2019 of Kothamangalam Police Station, Ernakulam, registered for the offences under Sections 341, 294(b) and 323 read with Section 34 of the Indian Penal Code, 1860. The 2 nd respondent is the defacto complainant.

3. According to the prosecution, on 12.02.2019, the accused had wrongfully restrained the defacto complainant and assualted him 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 3 affidavit filed by the 2nd 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.236/2019 on the files of the Judicial Magistrate of First Class-I, Kothamangalam are quashed.

This Crl.M.C is allowed as above.

Sd/-

BECHU KURIAN THOMAS JUDGE anm Crl.M.C.No.3164 of 2024 :4: APPENDIX OF CRL.MC 3164/2024 PETITIONER'S ANNEXURES Annexure 1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 287/2019 OF KOTHAMANGALAM POLICE STATION Annexure 2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 236/2019 OF KOTHAMANGALAM POLICE STATION FILED IN C.C.NO. 236/2019 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT I KOTHAMANGALAM Annexure 3 THE ORIGINAL AFFIDAVIT SWORN IN BY THE SECOND RESPONDENT/ DEFACTO COMPLAINANT DATED 15.03.2024