Kerala High Court
Sirajudheen @ Siraj vs State Of Kerala,Rep. By Public ... on 13 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
CRL.MC NO. 2149 OF 2023
AGAINST THE ORDER/JUDGMENT, CMP 560/2023 OF JUDICIAL MAGISTRATE
OF FIRST CLASS, TIRUR
PETITIONERS/ACCUSED 1 TO 3:
1 SIRAJUDHEEN @ SIRAJ
AGED 30 YEARS, S/O. KOYA
PULIPETTY PARAMBIL HOUSE, B.P.ANGADY P.O,
ANAPETTY - 676 102.
2 VIPIN
AGED 30 YEARS
S/O LALAN, EDAPPAYIL HOUSE, B.P.ANGADI P.O.,
KOTTATHARA - 676 102.
3 AYAS @ FAYASUDHEEN
AGED 35 YEARS
S/O HAMSA, AREEPARAMBIL HOUSE, B.P.ANGADI P.O- 676 102.
BY ADV C.A.ANOOP
RESPONDENTS/COMPLAINANTS & STATE:
1 STATE OF KERALA,REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.
2 STATION HOUSE OFFICER
TIRUR POLICE STATION, TIRUR, MALAPPURAM - 676 101.
3 JAMSHEER
AGED 29 YEARS, S/O. HAMSA
CHERUPARAMBIL HOUSE, NEAR PANCHJAYATH OFFICE, BP
ANGADI,MALAPPURAM - 676 102.
OTHER PRESENT:
PP - SMT.SEETHA S, ADV.VANESHA VISWAMBARAN - RES.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13.04.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.2149 of 2023
2
BECHU KURIAN THOMAS, J.
====================
Crl.M.C. No.2149 of 2023
=====================
Dated this the 13th day of April, 2023
ORDER
Petitioners have invoked the jurisdiction under Section 482
Cr.P.C to quash all proceedings against them.
2. Petitioners are the accused Nos.1 to 3 in CMP No. 560/2023
on the files of the Judicial First Class Magistrate Court I, Tirur, arising
out of Crime No.135/2023 of Tirur Police Station, registered for the
offences under Sections 365, 342 and 394 read with Section 34 of
the Indian Penal Code, 1860. 3rd Respondent is the defacto
complainant.
3. Heard the learned counsel for the petitioners and the
learned counsel for the respondents, apart from the learned Public
Prosecutor. The learned Public Prosecutor submitted that 2 nd
petitioner is involved in four crimes as Crime No.135/2023, Crime
No.865/2015, Crime No.81/2020 and Crime No.12/2022.
4. The learned counsel for the petitioners submitted that the
matter has been settled and hence the proceedings against the
Crl.M.C. No.2149 of 2023
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.
5. 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].
6. I have perused Annexure 3 affidavit filed by 3rd respondent.
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.
7. Accordingly, all proceedings against the petitioners in CMP
Crl.M.C. No.2149 of 2023
No. 560/2023 on the files of the Judicial First Class Magistrate Court
I, Tirur, are quashed.
Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
jm JUDGE
Crl.M.C. No.2149 of 2023
APPENDIX OF CRL.MC 2149/2023
PETITIONER ANNEXURES
Annexure 1 THE TRUE COPY OF THE FIR IN CRIME NO.
135/2023 DATED 1/02/2023.
Annexure 2 THE TRUE COPY OF THE ORDER IN CMP 560/2023
DATED 06/02/2023 IN THE FILE OF JUDICIAL
FIRST CLASS MAGISTRATE COURT I, TIRUR.
Annexure 3 THE TRUE COPY OF THE AFFIDAVIT GIVEN BY THE
3RD RESPONDENT DATED 7/03/2023.
