Nazeem vs State Of Kerala
2023 Latest Caselaw 3132 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
  THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
                    CRL.MC NO. 1560 OF 2023
        CRIME NO.1348/2018 OF CANTONMENT POLICE STATION,
                       THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT CC 396/2019 OF JUDICIAL MAGISTRATE
                 OF FIRST CLASS -III,TRIVANDRUM
PETITIONERS/ACCUSED 1 TO 6 :

    1      NAZEEM, AGED 23 YEARS
           S/O MAHEEN, VANDAYA VILAKOM VEEDU, NEMOM WARD,
           SANTHIVILA, KALLIYOOR VILLAGE,
           THIRUVANANTHAPURAM, PIN - 695 042.
    2      JITHU, AGED 25 YEARS
           S/O JOY, JJ BHAVAN, VENPAKAL WARD,
           KURUTHAMKUZHI, ATHIYANNOR VILLAGE,
           THIRUVANANTHAPURAM,, PIN - 695 123.
    3      AMAL, AGED 23 YEARS
           S/O SAJAN LUKA, TC.NO.18/281, PRA-108,
           MUTHUKATTIL VEEDU, EDAPAZHAJI,
           PALOTTUKONAM, SASTHAMANGALAM VILLAGE,
           THIRUVANANTHAPURAM, PIN - 695 015.
    4      ARUN KUMAR, AGED 23 YEARS
           S/O MOHANAN, TC. NO. 43/1204,
           PUTHUVAL PUTHENVEEDU, NEAR VADAVOTHU TEMPLE,
           MUTTATHRA VILLAGE, MANACAUD.P.O,
           THIRUVANANTHAPURAM,, PIN - 695 009.
    5      ASHIK, AGED 23 YEARS,
           S/O BADARUDHEEN, TC.NO. 52/2088,
           NELLANIKKARA VEEDU, NEAR SIVAN COVIL,
           CHANALKARA, NEMOM.P.O,
           THIRUVANANTHAPURAM, PIN - 695 019.
           BY ADV T.MANASY


RESPONDENTS/STATE, INVESTIGATING OFFICER & DEFACTO
COMPLAINANT (CW1 TO CW9):



    1      STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA,
           ERNAKULAM,PIN - 682 031.
 CRL.MC 1560/2023
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        2          SUB INSPECTOR OF POLICE
                   CONTONMNET POLICE STATION,
                   THIRUVANANTHAPURAM CITY,
                   THIRUVANANTHAPURAM DISTRICT,PIN - 695 001.
        3          PRASANTH, AGED 22 YEARS
                   S/O VIJAYAKUMARAN, PRASANTH BHAVAN,
                   THANNIVILA DESAM, 16TH WARD,
                   PALLICHAL VILLAGE,
                   THIRUVANANTHAPURAM, PIN - 695 020.
        4          SHALOMRAJ, AGED 21 YEARS
                   S/O DEVARAJAN, SHARON HOUSE, TC.NO. 51/2102,
                   NEMAM VILLAGE, THIRUVANANTHAPURAM,PIN - 695 020.
        5          UNNI, AGED 26 YEARS
                   S/O AMBI, TC.NO. 42/1132, PUTHUVAL PUTHENVEEDU,
                   NEAR PONNARA SCHOOL, MUTTATHARA VILLAGE,
                   THIRUVANANTHAPURAM,, PIN - 695 009.
        6          ABHIRAG, AGED 21 YEARS
                   S/O GOPALAKRISHNAN, KRISHNA NILAYAM,
                   KANNAYKKODU DESAM, ARYANCODU VILLAGE,
                   THIRUVANANTHAPURAM, PIN - 695 013.
        7          ARUN JOHN, AGED 22 YEARS,S/O JOHN KUTTY,
                   BILAN NIVAS,NEAR VIZHAVOOR EAST CHURCH,
                   NEDIYAVILA DESAM, VILAVOORKKAL VILLAGE,
                   THIRUVANANTHAPURAM- 695 571.
        8          JISHNU, AGED 20 YEARS, S/O GANGADHARAN NAIR,
                   KADAYARA VEEDU, NEAR DEVI YOGISWARA TEMPLE,
                   OTTASEKHARAMANGALAM VILLAGE,
                   THIRUVANANTHAPURAM,PIN - 695 125.
        9          VIPINPRASAD, AGED 19 YEARS, S/O BINU,
                   MALAYIL VEEDU, NELLIVILA RC STREET, 14TH WARD,
                   BALARAMAPURAM VILLAGE, THIRUVANANTHAPURAM-695501.
       10          NANDHU, AGED 22 YEARS, S/O SUDHAKARAN,
                   ANANTHU BHAVAN, NEAR CSI CHURCH, MAILACHAN DESAM,
                   KUTTIYANIKKADU WARD, KIZHATTUR VILLAGE,
                   NEYYATTINKARA,THIRUVANANTHAPURAM, PIN - 695 121.
       11          MANU, AGED 19 YEARS, S/O KRISHNAN,
                   KUZHIVILA PUTHEN VEEDU, PALIYODU JUNCTION,
                   ANAVOOR VILLAGE, THIRUVANANTHAPURAM- 695 124.
                   PP SEETHA S.
 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
 23.03.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC 1560/2023
                                             3




                          BECHU KURIAN THOMAS, J
                         ...........................................
                             Crl.M.C.No.1560 of 2023
                            .....................................
                     Dated this the 23rd day of March, 2023

                                           ORDER

Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to

quash all proceedings against them.

2. Petitioners are accused in C.C.No.396/2019 on the files of the

Judicial First Class Magistrate Court-III, Thiruvananthapuram, arising

out of Crime No.1348/2018 of Cantonment Police Station, registered

for the offences under Sections 143, 147, 148, 294(b), 323, 324, 341,

427 r/w Section 149 of the Indian Penal Code, 1860. Respondents 3

to 11 are the defacto complainants.

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

for the respondents, 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 1560/2023

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 Annexures-C to K affidavits filed by respondents 3 to

11. The learned Public Prosecutor has submitted that upon

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

defacto complainants 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 C.C.No.396/2019

on the files of the Judicial First Class Magistrate Court-III,

Thiruvananthapuram, arising out of Crime No.1348/2018 of

Cantonment Police Station, are quashed.

This criminal miscellaneous case is allowed as above.

sd/-

BECHU KURIAN THOMAS JUDGE AMV/23/03/2023 CRL.MC 1560/2023

APPENDIX OF CRL.MC 1560/2023

PETITIONER ANNEXURES Annexure A TRUE COPY OF THE FIR IN CRIME NO.

1348/2018, CANTONMENT POLICE STATION, THIRUVANANTHAPURAM CITY, THIRUVANANTHAPURAM DISTRICT DATED 1.11.2018 Annexure B CERTIFIED COPY OF THE FINAL REPORT IN C.C. NO. 396/2019 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE-III, THIRUVANANTHAPURAM DATED NIL Annexure C THE AFFIDAVIT OF THE CW1/3RD RESPONDENT DATED 10.1.2023 Annexure D THE AFFIDAVIT OF THE CW2/4TH RESPONDENT DATED 18.1.2023 Annexure E THE AFFIDAVIT OF THE CW3/5TH RESPONDENT DATED 10.1.2023 Annexure F THE AFFIDAVIT OF THE CW4/6TH RESPONDENT DATED 10.1.2023 Annexure G THE AFFIDAVIT OF THE CW5/7TH RESPONDENT DATED 10.1.2023 Annexure H THE AFFIDAVIT OF THE CW6/8TH RESPONDENT DATED 10.1.2023 Annexure I THE AFFIDAVIT OF THE CW7/9TH RESPONDENT DATED 18.1.2023 Annexure J THE AFFIDAVIT OF THE CW8/10TH RESPONDENT DATED 10.1.2023 Annexure K THE AFFIDAVIT OF THE CW9/11TH RESPONDENT DATED 10.1.2023

TRUE COPY