Sameer vs State Of Kerala
2023 Latest Caselaw 4002 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. 2561 OF 2023
  CRIME NO.313/2022 OF KALIKAVU POLICE STATION, MALAPPURAM
     AGAINST THE ORDER/JUDGMENT CC 1048/2022 OF JUDICIAL
             MAGISTRATE OF FIRST CLASS-I,MANJERI
PETITIONER/ACCUSED :

          SAMEER, AGED 38 YEARS
          S/O MUHAMMADALI, RESIDING AT THENNADAN HOUSE,
          UDIRAMPOYIL, KALIKAVU AMSOM,
          KALIKAVU P O, KERALA, PIN - 676 525.
          BY ADVS.
          SWETHA K.S.
          P.YADHU KUMAR


RESPONDENTS/STATE/COMPLAINANT/DEFACTO COMPLAINANT :

    1     STATE OF KERALA
          REPRESENTED BY THE PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA,
          ERNAKULAM, KOCHI, PIN - 682 031.
    2     THE STATION HOUSE OFFICER
          KALIKAVU POLICE STATION,
          MALAPPURAM DISTRICT., PIN - 676 525.
    3     SHOUKATHALI, AGED 48 YEARS
          S/O SAITHALAVI, RESIDING AT THANDUPURA,
          UDARAMPOYIL, PULLANGODE. P.O,
          KALIKAVU MALAPPURAM DISTRICT,
          KERALA - 673 612.
    4     ADDLR4
          MUHAMMAD SWALIH, MINOR REPRESENTED BY FATHER
          /GUARDIAN SHOUKATHALI, S/O SAITHALAVI,
          AGED 48 YEARS, RESIDING AT THANDUPURA,UDARAMPOYIL,
          PULLANGODE. P.O, KALIKAVU,
          MALAPPURAM DISTRICT, KERALA - 673 612.
          IMPLEADED AS PER ORDER DATED 30.03.2023 IN
          CRL.M.A.NO.1/2023
          BY ADV SWETHA K.S.
          PP SREEJA V.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC 2561/2023


                                              2




                           BECHU KURIAN THOMAS, J
                          ...........................................
                              Crl.M.C.No.2561 of 2023
                             .....................................
                      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 accused in C.C.No.1048/2022 on the files of

the Judicial First Class Magistrate Court-I, Manjeri arising out

of Crime No.313/2022 of Kalikavu Police Station, registered for

the offences under Sections 341 and 323 of the Indian Penal

Code, 1860. The 3rd 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,

considering the nature of offences alleged, no purpose would be CRL.MC 2561/2023

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 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 petitioner in

C.C.No.1048/2022 on the files of the Judicial First Class CRL.MC 2561/2023

Magistrate Court-I, Manjeri arising out of Crime No.313/2022 of

Kalikavu Police Station, are quashed.

The Criminal Miscellaneous case is allowed as above.

sd/-

BECHU KURIAN THOMAS JUDGE AMV/01/04/2023 CRL.MC 2561/2023

APPENDIX OF CRL.MC 2561/2023

PETITIONER ANNEXURES

ANNEXURE A1 THE CERTIFIED COPY OF THE FIR NO 313/2022 DATED 21.07.2022 OF KALIKAVU POLICE STATION ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT NO 333/2022 DATED 26.07.2022 OF KALIKAVU POLICE STATION ANNEXURE3 AN AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 17.03.2023

TRUE COPY