Siyad Hussain vs State Of Kerala
2023 Latest Caselaw 1791 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. 390 OF 2023
AGAINST THE ORDER/JUDGMENT IN CC 127/2020 OF JUDICIAL FIRST CLASS
                   MAGISTRATE COURT, KARUNAGAPPALLY
PETITIONERS:

    1     SIYAD HUSSAIN,
          AGED 36 YEARS,
          S/O SEENATHU BEVI, KAITHAVILA VADAKKATHIL (H),
          SOUTH MYNAGAPPALLY, MYNAGAPPALLY, KOLLAM,
          PIN - 690 519.

    2     AJMAL,
          AGED 21 YEARS,
          S/O ABDUL SAMAD, VILAYIL PADINJATTATHIL (H),
          MARARITHOTTAM, KALLELIBHAGAM, KOLLAM, PIN - 690 519.

    3     SHAFEEK K,
          AGED 28 YEARS,
          S/O. OOMERKUTTY, MAHADEVAN COLANY, KALLELIBHAGAM P.O.,
          KARUNAGAPALLY KOLLAM, PIN - 690 519.

          BY ADV AISWARYA E J VETTIKOMPIL



RESPONDENTS:

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

    2     SHAHIR S.,
          AGED 24 YEARS, S/O SHAJI, KATTOOR THEKKATHIL (H),
          KALLELIBHAGOM P.O., KARUNAGAPPALLY, KOLLAM,
          PIN - 690 519.

          PP SEETHA S,ADV.CHRISTINE MATHEW


     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.390 OF 2023
                                    2



                    BECHU KURIAN THOMAS, J.
                      --------------------------------
                      Crl.M.C.No.390 of 2023
                     ---------------------------------
              Dated this the 1st day of February, 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.127 of 2020 on the

files of the Judicial First Class Magistrate Court, Karunagappally

registered for the offences under Sections 341, 323 r/w Section 34 of the

Indian Penal Code, 1860. The 2nd 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 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 CRL.MC NO.390 OF 2023

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 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.127 of 2020 on the files of the Judicial First Class Magistrate

Court, Karunagappally are quashed.

This Crl.M.C is allowed.

Sd/-

BECHU KURIAN THOMAS, JUDGE ak CRL.MC NO.390 OF 2023

APPENDIX OF CRL.MC 390/2023

PETITIONERS ANNEXURES:-

Annexure 1 TRUE COPY OF THE FIR IN CRIME NO.

125/2020 OF KARUNAGAPPALLY POLICE STATION, KOLLAM DISTRICT

Annexure 2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.125/2020 OF KARUNAGAPPALLY POLICE STATION, KOLLAM DISTRICT

Annexure 3 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT

RESPONDENTS ANNEXURES:-NIL