Augustin Kuruvila vs State Of Kerala
2023 Latest Caselaw 1764 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                        CRL.MC NO. 437 OF 2023
  AGAINST THE ORDER/JUDGMENT IN CC NO.285/2019 OF JUDICIAL FIRST
                    CLASS MAGISTRATE COURT, VAIKOM
PETITIONER:

          AUGUSTIN KURUVILA,
          AGED 22 YEARS,
          S/O.KURUVILA,
          AARACKAL HOUSE,
          KEEZHOOR POST,
          KOTTAYAM DISTRICT, PIN - 686 605.

          BY ADV SRINATH C.V.



RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.

    2     YEDHUKRISHNAN,
          AGED 24 YEARS,
          S/O.SURESH, KOTTARATHIL HOUSE,
          CHEMPU P.O, VAIKOM, KOTTAYAM DISTRICT, PIN - 686 608.

    3     ARUN SHAJI,
          AGED 25 YEARS,
          S/O.SHAJI, CHAITHRAM HOUSE, ANGADIKKAL,
          VADAKKEMURI, ANGADIKKAL POST PATHANAMTHITTA DISTRICT,
          PIN - 691 555

          PP SRI.NOUSHAD K.A, ADV.JOJI ALEX




     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.02.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
  CRL.MC NO.437 OF 2023
                                     2


                    BECHU KURIAN THOMAS, J.
                      --------------------------------
                      Crl.M.C.No.437 of 2023
                     ---------------------------------
              Dated this the 1st day of February, 2023

                                 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.285 of 2019 on the files

of the Judicial First Class Magistrate Court, Vaikom, registered for the

offences under Sections 341, 294(b), 323 and 326 r/w Section 34 of the

Indian Penal Code, 1860. 2nd respondent is the defacto complainant and

the 3rd respondent is the injured witness.

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

counsel for the respondents, apart from the learned Public Prosecutor.

4. 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.

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 CRL.MC NO.437 OF 2023

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-B and Annexure-C affidavits filed by

respondents 2 and 3. The learned Public Prosecutor has submitted that

upon verification, it is understood that the affidavits are genuine, and

the defacto complainant and the other deponent 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 as against the petitioner in

C.C. No.285 of 2019 on the files of the Judicial First Class Magistrate

Court, Vaikom are quashed.

This Crl.M.C is allowed as above.

Sd/-

BECHU KURIAN THOMAS, JUDGE ak CRL.MC NO.437 OF 2023

APPENDIX OF CRL.MC 437/2023

PETITIONER'S ANNEXURES:-

Annexure A A CERTIFIED COPY OF THE CHARGE SHEET SUBMITTED BY THE VELLOOR POLICE BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, VAIKOM IN CRIME NO. 962/2018.

Annexure B AN AFFIDAVIT OF THE RESPONDENT NO 2.

DATED 05/1/2023.

Annexure C AN AFFIDAVIT OF THE RESPONDENT NO 3.

DATED 05/1/2023.

RESPONDENTS ANNEXURES:-NIL