Nidhin Chandran vs State Of Kerala
2023 Latest Caselaw 3233 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. 1668 OF 2023
     AGAINST THE ORDER/JUDGMENT CC 1044/2017 OF JUDICIAL
           MAGISTRATE OF FIRST CLASS - I, ETTUMANUR
PETITIONERS/ACCUSED 1 TO 4 :

    1     NIDHIN CHANDRAN, AGED 27 YEARS,
          S/O CHANDRASEKHARAN,GEETHAS HOUSE,
          ETTUMANOOR P.O., KOTTAYAM, PIN - 686 631.
    2     SACHIN SABU, AGED 24 YEARS
          S/O SABU, PUTHEN VEETIL,KULASEKHARAMANGALAM P.O,
          KOTTAYAM, PIN - 686 608.
    3     ANANTHA VISHNU, AGED 25 YEARS
          S/O LENIN, KANNOTH KADU VEEDU,
          CHEMB, KOTTAYAM,, PIN - 686 608.
    4     ARAVIND KRISHNA, AGED 25 YEARS
          S/O KRISHNANKUTTY,
          PANACHIKKADU P.O, KOTTAYAM,PIN - 686 102.
          BY ADVS.
          K.S.PRENJITH KUMAR
          S.MANU
          BEA MARY BENNY
RESPONDENTS/STATE/DEFACTO COMPLAINANT :

    1     STATE OF KERALA
          REP. BY THE PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM
          (SHO, GANDHI NAGAR POLICE STATION, KOTTAYAM),
          PIN - 682 031.
    2     RAHUL, AGED 26 YEARS,
          S/O GOPALAKRISHNAN,
          RESIDING AT POOMANGALAM HOUSE,
          UDAYANAPURAM P.O, KOTTAYAM, PIN - 686 143.
    3     HARIKRISHNAN, AGED 22 YEARS
          S/O HARIKUMAR, RESIDING AT VALLATHARAKKAL HOUSE,
          ETTUMANOOR P.O, KODUVATHANAM,
          KOTTAYAM,, PIN - 686631
          BY ADV GIRISH KUMAR V
          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 1668/2023
                                            2




                         BECHU KURIAN THOMAS, J
                        ...........................................
                            Crl.M.C.No.1668 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.1044/2017 on the files of the

Judicial First Class Magistrate Court-I, Ettumanoor, arising out of

Crime No.1757/2016 of Ettumanoor Police Station, registered for the

offences under Sections 324, 326, 341 r/w Section 34 of the Indian

Penal Code, 1860. Respondents 2 and 3 are the defacto complainant

and the injured witness.

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 1668/2023

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 and Annexure-A4 affidavits filed by

respondent Nos.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 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

C.C.No.1044/2017 on the files of the Judicial First Class Magistrate

Court-I, Ettumanoor, arising out of Crime No.1757/2016 of

Ettumanoor Police Station, are quashed.

This Crl.M.C is allowed as above.

sd/-

BECHU KURIAN THOMAS JUDGE AMV/25/03/2023 CRL.MC 1668/2023

APPENDIX OF CRL.MC 1668/2023

PETITIONER ANNEXURES

ANNEXURE A1 THE TRUE COPY OF THE FIR IN CRIME NO.1757/2016 OF ETTUMANOOR POLICE STATION, KOTTAYAM DATED 9.11.2016 ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT DATED 20.02.2017 SUBMITTED BEFORE THE HON'BLE JFCM-I, ETTUMANOOR ANNEXURE A3 TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 30.03.2022 ANNEXURE A4 TRUE COPY OF THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 30.03.2022

TRUE COPY