Rinoy vs State Of Kerala
2023 Latest Caselaw 3700 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
         THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
 WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
                     CRL.MC NO. 1993 OF 2023
     AGAINST THE ORDER/JUDGMENT CC 1860/2022 OF JUDICIAL
 MAGISTRATE OF FIRST CLASS-I,VARKALA ARISINGRIME NO.326/2022
        OF ANJUTHENGU POLICE STATION, THIRUVANANTHAPURAM.
PETITIONERS/ACCUSED :

    1      RINOY, AGED 26 YEARS
           S/O ALPHONS, THRITHWA BHAVAN, ANJUTHENGU,
           THIRUVANANTHAPURAM, PIN - 691 593.
    2      ROSHAN, AGED 23 YEARS
           S/O SYRAS, PUTHUVALPURAYIDAM HOUSE, ANJUTHENGU,
           THIRUVANANTHAPURAM, PIN - 691 593.
    3      RAJESH, AGED 23 YEARS, S/O CLEETUS,
           PUTHUVAL PURAYIDAM HOUSE, ANJUTHENGU,
           THIRUVANANTHAPURAM, PIN - 691 593.
    4      BEBAN, AGED 23 YEARS, S/O BENAT,
           BEBAN HOUSE, KADAKKAVOOR VILLAGE,
           THIRUVANANTHAPURAM, PIN - 695 306.
    5      ASHIQUE, AGED 25 YEARS
           S/O YESHUDASN, PUTHUVAL PURAYIDAM HOUSE,
           ANJUTHENGU, THIRUVANANTHAPURAM, PIN - 691 593.

           BY ADV LATHEESH SEBASTIAN


RESPONDENTS/STATE & COMPLAINANT & INJURED :

    1      STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA, PIN - 682 031.
    2      STATION HOUSE OFFICER
           ANJUTHENGU POLICE STATION, ANJUTHENGU,
           THIRUVANANTHAPURAM DISTRICT, PIN - 691 539.
    3      BIJU, AGED 24 YEARS, S/O EDWIN,
           PUTHUVAL PURAYIDAM HOUSE, ANJUTHENGU,
           VALIYAPALLI,THIRUVANANTHAPURAM, PIN - 691 593
           BY ADVS.
           PUBLIC PROSECUTOR SREEJA V.
           NEETHU S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
29.03.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC 1993/2023


                                             2




                          BECHU KURIAN THOMAS, J
                         ...........................................
                             Crl.M.C.No.1993 of 2023
                            .....................................
                     Dated this the 29th 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.1860/2022 on the files of the

Judicial First Class Magistrate Court-I, Varkala, arising out of Crime

No.326/2022 of Anjuthengu Police Station, registered for the offences

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

Penal Code, 1860. The 3rd 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 CRL.MC 1993/2023

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 -2 affidavit filed by the 3 rd 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.1860/2022 on the files of the Judicial First Class Magistrate

Court-I, Varkala, arising out of Crime No.326/2022 of Anjuthengu

Police Station, are quashed.

The Criminal Miscellaneous case is allowed as above.

sd/-

BECHU KURIAN THOMAS JUDGE AMV/29/03/2023 CRL.MC 1993/2023

APPENDIX OF CRL.MC 1993/2023

PETITIONER ANNEXURES ANNEXURE1 CERTIFIED COPY OF THE FINAL REPORT OF THE 2ND RESPONDENT IN CRIME NO 326/2022 OF ANJUTHENGU POLICE STATION, THIRUVANANTHAPURAM DISTRICT DATED 15.08.2022 ANNEXURE2 ORIGINAL OF THE AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT

TRUE COPY