Vineeth vs State Of Kerala
2023 Latest Caselaw 3820 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
  THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                   CRL.MC NO. 5850 OF 2020
   CRIME NO.1350/2012 OF HOSDURG POLICE STATION, KASARGOD
AGAINST THE ORDER/JUDGMENTCC 136/2020 OF JUDICIAL MAGISTRATE
                  OF FIRST CLASS -II,HOSDRUG
PETITIONER/ACCUSED :

          VINEETH, AGED 31 YEARS
          S/O GOPI, PAIRADUKAM,
          BALLA VILLAGE,
          KASARGOD DISTRICT, PIN-673531.
          BY ADVS.
          M.B.SHYNI
          SRI.DEEPAK RAJ
          SMT.C.P.ROOPA


RESPONDENT/COMPLAINANT :

    1     STATE OF KERALA
          REPRESENTED BY THE PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA,
          ERNAKULAM, PIN-682 031.
    2     ADDL.R2
          RAJITH
          SON OF RAVEENDRAN, KOTTAPURATH HOUSE,
          OLAVANNA, KOZHIKODE DISTRICT.
          IMPLEADED AS PER ORDER DATED 10.03.2023 IN
          CRL.M.A.NO.2/2023
          BY ADV MURSHID ALI M.
          PP C.N.PRABHAKARAN



THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC 5850/2020


                                              2




                           BECHU KURIAN THOMAS, J
                          ...........................................
                              Crl.M.C.No.5850 of 2020
                             .....................................
                      Dated this the 30th day of March, 2023

                                           ORDER

Petitioner has invoked the jurisdiction under Section 482 Cr.P.C

to quash all proceedings against him.

2. Petitioner is the 2nd accused in C.C.No.136/2020 on the files of

the Judicial First Class Magistrate Court-II, Hosdurg arising out

of Crime No.1350/2012 of Hosdurg Police Station, registered for

the offences under Sections 341 and 324 r/w Section 34 of the

Indian Penal Code, 1860. The additional 2nd respondent is the

defacto complainant.

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

counsel for the respondent, apart from the learned Public

Prosecutor.

4. The learned counsel for the petitioner submitted that the matter

has been settled and hence the proceedings against the

petitioner ought to be quashed. It was also submitted that, CRL.MC 5850/2020

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 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-AIV affidavit filed by the additional

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 petitioner in CRL.MC 5850/2020

C.C.No.136/2020 on the files of the Judicial First Class

Magistrate Court-II, Hosdurg arising out of Crime No.1350/2012

of Hosdurg Police Station, are quashed.

The Criminal Miscellaneous case is allowed as above.

sd/-

BECHU KURIAN THOMAS JUDGE AMV/01/04/2023 CRL.MC 5850/2020

APPENDIX OF CRL.MC 5850/2020

PETITIONER ANNEXURES

ANNEXURE 1 CERTIFIED COPY OF FIRST INFORMATION REPORT IN CRIME NO.1350/2012 OF HOSDURG POLICE STATION ALONG WITH FIRST INFORMATION STATEMENT.

ANNEXURE II CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO 1350/2020 OF HOSDURG POLICE STATION.

ANNEXURE III CERTIFIED COPY OF THE JUDGMENT DATED 10.02.2020 IN CC NO/1022/2015 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, HOSDURG, KASARGOD DISTRICT. ANNEXURE AIV A TRUE COPY OF THE AFFIDAVIT DATED 02.03.2023 BY THE 2ND RESPONDENT

TRUE COPY