Savad vs State Of Kerala
2023 Latest Caselaw 4962 Ker

           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. 2514 OF 2023
  CRIME NO.1149/2011 OF VADAKARA POLICE STATION, KOZHIKODE
     AGAINST THE ORDER/JUDGMENT CC 1105/2018 OF JUDICIAL
              MAGISTRATE OF FIRST CLASS,VATAKARA
PETITIONERS/ACCUSED NOS. 1 TO 3 :

    1     SAVAD, AGED 32 YEARS
          S/O KUNJAMMAD, THEKKEYIL HOUSE,
          KOTTAPALLY P.O., CHUNDEKAI, PIN - 673 541.
    2     ABDULLA, AGED 34 YEARS
          S/O KUNJAMMAD, THEKKEYIL HOUSE,
          KOTTAPALLY P.O., CHUNDEKAI, PIN - 673 541.
    3     SHAUKKATH, AGED 39 YEARS
          S/O AMMAD HAJI,
          THACHARPOYYIL HOUSE,
          KOTTAPALLY P.O, PIN - 673 541.
          BY ADV K.REEHA KHADER


RESPONDENTS/STATE/DEFACTO COMPLAINANT :

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, PIN - 682 031.
    2     SHAUKKATH V.P.,
          AGED 37 YEARS,
          S/O AMMAD,VADHUKKAL PARAMBATH HOUSE,
          AROOR P.O., KALLAMPURAM,
          KOZHIKODE DISTRICT, PIN - 673 105.
          SMT.SREEJA V., PP
          SRI.O.T.JABISH



THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13.04.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC 2514/2023
                                                2




                             BECHU KURIAN THOMAS, J
                            ...........................................
                                Crl.M.C.No.2514 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 accused Nos. 1 to 3 in C.C.No.1105/2018 on the files

of the Judicial First Class Magistrate Court, Vatakara, Kozhikode,

arising out of Crime No.1149/2011 of Vatakara Police Station,

registered for the offences under Sections 143, 147, 341, 323, 506(1),

r/w Section 149 of the Indian Penal Code, 1860. The 2 nd respondent

is the defacto complainant.

3. Heard the learned counsel for the petitioners and the learned counsel

for the respondent, apart from the learned Public Prosecutor.

4. 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.

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 CRL.MC 2514/2023

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-A3 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.

7. Accordingly, all proceedings against the petitioners in

C.C.No.1105/2018 on the files of the Judicial First Class Magistrate

Court, Vatakara, Kozhikode, arising out of Crime No.1149/2011 of

Vatakara Police Station, are quashed.

The Criminal Miscellaneous case is allowed as above.

sd/-

BECHU KURIAN THOMAS JUDGE AMV/13/04/2023 CRL.MC 2514/2023

APPENDIX OF CRL.MC 2514/2023

PETITIONER ANNEXURES

ANNEXURE A1 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 1149/2011 OF VATAKARA POLICE STATION, KOZHIKODE DISTRICT PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT VATAKARA KOZHIKODE AS CC NO. 1105/2018 ANNEXURE A2 CERTIFIED COPY OF MEMORANDUM OF EVIDENCE ANNEXURE A3 AFFIDAVIT SWORN BY THE DEFACTO COMPLAINANT

TRUE COPY