Kerala High Court
Rahul Alias Vava vs State Of Kerala on 5 April, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
CRL.MC NO. 2477 OF 2024
CRIME NO.2120/2020 OF VATTAPPARA POLICE STATION,
THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.1618 OF 2022
OF ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT,
NEDUMANGAD
PETITIONER/SOLE ACCUSED :
RAHUL ALIAS VAVA, AGED 23 YEARS
S/O MANIKANDAN RAHULAM HOUSE,
MANJAPPARA, VETTUPARA P.O,
THEKKADA VILLAGE
THIRUVANANTHAPURAM, PIN - 673 645.
BY ADVS. ANEESH K.R
SAURAV B.
RESPONDENT/STATE :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA - 682 031.
2 SREEKANTH M.,
AGED 32 YEARS
S/O G MURALIDHARAN NAIR,
VETTUTHOTTIL HOUSE, VETTUPARA,
CHEERANIKKARA P.O,
THEKKADA VILLAGE,
THIRUVANANTHAPURAM, PIN - 695 615.
BY ADV LIA GEORGE
SMT. SREEJA V. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 05.04.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC 2477/2024
2
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C. No.2477 of 2024
...................................................
Dated this the 5th day of April, 2024
ORDER
Petitioner has invoked the jurisdiction under Section 482 Cr.P.C to quash
all proceedings against him.
2. Petitioner is the sole accused in S.C.No.1618/2022 on the files of the
Assistant Sessions Court, Nedumangadu, arising out of Crime
No.2120/2020 of Vattappara Police Station, registered for the offences
under Sections 294(b), 324, 308 and 323 of the Indian Penal Code, 1860.
The second respondent is the de facto complainant.
3. According to the prosecution, on 19.10.2020 the accused attacked the de
facto complainant with dangerous weapons and thereby committed the
offences alleged.
4. Heard the learned counsel for the petitioner and the learned counsel for
the respondent, apart from the learned Public Prosecutor.
5. 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 served by continuing the proceedings.
6. 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].
7. I have perused Annexure-A3 affidavit filed by the second respondent. The
learned Public Prosecutor has submitted that upon verification, it is
understood that the affidavit is genuine, and de facto 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.
8. Accordingly, all proceedings against the petitioner in S.C.No.1618/2022 on
the files of the Assistant Sessions Court, Nedumangadu, are quashed.
This Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/08/04/2024
PETITIONER ANNEXURES
ANNEXURE A1 THE TRUE COPY OF THE FIR IN CRIME NO 2120/2020
OF VATTAPPARA POLICE STATION.
ANNEXURE A2 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO
2120/2020 OF VATTAPPARA POLICE STATION.
ANNEXURE A3 THE NOTARIZED AFFIDAVIT DATED 05.03.2024 SWORN
BY THE 2ND RESPONDENT.
TRUE COPY
