Binil vs State Of Kerala
2023 Latest Caselaw 3254 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. 1497 OF 2023
 CRIME NO.1640/2019 OF KARUNAGAPALLY POLICE STATION, KOLLAM
    AGAINST THE ORDER/JUDGMENT SC 1269/2021 OF ADDITIONAL
  DISTRICT COURT & SESSIONS COURT - VI, KOLLAM/ V ADDL.MACT
PETITIONERS/ACCUSED NOS.1, 2, 3, 4, 5, 6 & 7 :

    1     BINIL, AGED 23 YEARS
          S/O RAJENDRAN, BHAGAVATHIVILAYIL,
          PAVUMBA VILLAGE, MANAPPALLY,
          KARUNAGAPPALLY,
          KOLLAM DISTRICT, PIN - 690 574.
    2     SUMESH, AGED 24 YEARS
          S/O SURESH, SUMESH BHAVAN,
          PAVUMBA VILLAGE , MANAPPALLY,
          KARUNAGAPPALLY,
          KOLLAM DISTRICT, PIN - 690 574.
    3     CHANDU, AGED 26 YEARS
          S/O DIVAKARAN, USHA BHAVAN,
          PAVUMBA VILLAGE, MANAPPALLY,
          KARUNAGAPPALLY,
          KOLLAM DISTRICT, PIN - 690 574.
    4     ANANDHU, AGED 23 YEARS
          S/O REGHUNATH, APPAZHANJIYIL,
          PAVUMBA VILLAGE, MANAPPALLY,
          KARUNAGAPPALLY,
          KOLLAM DISTRICT, PIN - 690 574.
    5     AL AMEEN, AGED 21 YEARS
          S/O YUNUS KUNJU, YASHIPALLY PUTHENVEEDU,
          PAVUMBA VILLAGE, MANAPPALLY, KARUNAGAPPALLY,
          KOLLAM DISTRICT, PIN - 690 574.
    6     ABHIJITH, AGED 27 YEARS
          S/O MANOHARAN, BHAGAVATHI VADAKKETHIL,
          PAVUMBA VILLAGE,MANAPPALLY,
          KARUNAGAPPALLY,KOLLAM DISTRICT, PIN - 690 574.
    7     RAHUL, AGED 21 YEARS
          S/O RAJU, BHAGAVATHIVILAYIL,
          PAVUMBA VILLAGE , MANAPPALLY,
          KARUNAGAPPALLY, KOLLAM DISTRICT, PIN - 690 574.
          BY ADVS.
          JOSEPH GEORGE
          P.A.REJIMON
 CRL.MC 1497/2023
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 RESPONDENTS/STATE, CW1 [DEFACTO COMPLAINANT] & CW3 :

        1          STATE OF KERALA
                   REPRESENTED BY PUBLIC PROSECUTOR,
                   HIGH COURT OF KERALA, PIN - 682 031.
        2          BICHU, AGED 25 YEARS
                   S/O SUSHENDRAN, KUTTIVILAYILVEETTIL,
                   PAVUMBA SOUTH, PAVUMBA VILLAGE,
                   MANAPPALLY, KARUNAGAPPALLY,
                   KOLLAM DISTRICT, PIN - 690 574.
        3          MONOSH,AGED 32 YEARS
                   S/O MANOHARAN, THANDALATHERU VEETTIL,
                   MANAPALLI NORTH, PAVUMBA VILLAGE,
                   MANAPPALLY, KARUNAGAPPALLY,
                   KOLLAM DISTRICT, PIN - 690 574.
                   PP NOUSHAD K.A.
 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
 23.03.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC 1497/2023
                                           3




                        BECHU KURIAN THOMAS, J
                       ...........................................
                           Crl.M.C.No.1497 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 S.C.No.1269/2021 on the files of the

Additional Sessions Court-VI, Kollam, arising out of FIR

No.1640/2019 of Karunagappally Police Station, registered for

the offences under Sections 341, 324, 395 and Section 363 of

the Indian Penal Code, 1860. Respondents 2 and 3 are the

defacto complainant and one of the injured witnesses.

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 CRL.MC 1497/2023

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 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 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 against the petitioners in CRL.MC 1497/2023

S.C.No.1269/2021 on the files of the Additional Sessions Court-

VI, Kollam, arising out of FIR No.1640/2019 of Karunagappally

Police Station, are quashed.

This criminal miscellaneous case is allowed as above.

sd/-

BECHU KURIAN THOMAS JUDGE AMV/23/03/2023 CRL.MC 1497/2023

APPENDIX OF CRL.MC 1497/2023

PETITIONER ANNEXURES

ANNEXURE A-1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT AND FIRST INFORMATION STATEMENT DATED 23-10-2019 IN CRIME NO: 1640/2019 OF KARUNAGAPPALLY POLICE STATION ANNEXURE A-2 CERTIFIED COPY OF FINAL REPORT DATED 31-01-2021 IN CRIME NO: 1640/2019 OF KARUNAGAPPALLY POLICE STATION WHICH IS NOW PENDING BEFORE THE COURT OF HON'BLE ADDITIONAL DISTRICT AND SESSIONS JUDGE- VI KOLLAM AS S.C NO: 1269/2021 ANNEXURE A-3 AFFIDAVIT OF 2ND RESPONDENT DATED 06-02-2023 ANNEXURE A-4 AFFIDAVIT OF 3RD RESPONDENT DATED 06-02-2023

TRUE COPY